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ARMY | BCMR | CY2001 | 2001065082C070421
Original file (2001065082C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 21 March 2002
         DOCKET NUMBER: AR2001065082


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst


The following members, a quorum, were present:

Mr. John N. Slone Chairperson
Ms. Linda D. Simmons Member
Mr. John T. Meixell Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his Certificate of Release or Discharge from Active Duty, DD Form 214, be amended to add his military occupational specialty (MOS) from his prior service, 91C, Clinic Specialist, which he held for 6 years and 7 months and to amend the period he held MOS 91B4H from 23 years and 7 months to 17 years.

3. The applicant states, in effect, that he held MOS 91C during his prior active service and during the period of his reserve obligation from 8 March 1980 through 25 October 1982. He provides his DD Form 214 for the period ending 7 March 1980 (with a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215, but the correction is unrelated to the present correction requested) and his DD Form 214 for the period ending 30 September 2000 as supporting evidence.

4. The applicant’s military records are not available. Information contained herein was obtained from alternate sources.

5. The applicant enlisted in the Regular Army on 9 March 1977. His DD Form 214 for the period ending 7 March 1980 shows that he completed the Basic Medical Specialist Course in July 1977 and the Clinic Specialist Mod (Module?) Phase I course in November 1977. It appears from this DD Form 214 that he was never awarded MOS 91B or at least did not hold it at the time he separated.

6. The applicant reenlisted in the Regular Army on 8 September 1983. He retired on 1 October 2000 after completing 17 years and 23 days of active service for this period. It appears from his DD Form 214 for this period and from his statement on his application that he did not hold MOS 91C at all during the period covered by this DD Form 214. Item 11 of this DD Form 214 shows he held MOS 91B4H for 23 years and 7 months.

7. Army Regulation 635-5 prescribes the separation documents prepared for soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the soldier’s most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Entries in item 11 will show the MOSs held and the years and months held. For time determination, 16 days or more count as a month. The information would be taken from the Enlisted Record Brief.

CONCLUSIONS:

1. The available evidence does not show that the applicant held MOS 91C during the period of service covered by the DD Form 214 ending 30 September 2000. Since the applicant stated that he held MOS 91C during his prior service, the Board presumes that it would not have been listed on his Enlisted Record Brief and therefore it would not be appropriate to enter MOS 91C on his DD Form 214 for the period ending 30 September 2000. His MOS 91C is properly listed on his DD Form 214 for the period ending 7 March 1980.

2. It appears that the applicant is correct in stating that his DD Form 214 for the period ending 30 September 2000 should show he held MOS 91B4H for 17 years. The available evidence does not show that he held MOS 91B during his prior service and he does not claim that he did. He only served during this period (1983 – 2000) for 17 years and 23 days. It appears he could not have held MOS 91B for more than that time (actually, 17 years and 1 month given how the time is determined).

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That the applicant’s DD Form 214 for the period ending 30 September 2000, item 11 be amended to show he held MOS 91B4H for 17 years and 1 month.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__jns___ __lds___ __jtm___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           John N. Slone
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001065082
SUFFIX
RECON
DATE BOARDED 20020321
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.


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