Mr. Carl W. S. Chun | Director | |
Ms. Gale J. Thomas | Analyst |
Mr. Raymond V. O’Connor, Jr. | Chairperson | |
Mr. Raymond J. Wagner | Member | |
Mr. Donald P. Hupman, Jr. | Member |
APPLICANT REQUESTS: That his records be corrected by changing his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in item 11 (Primary Specialty) that he was awarded the Military Occupational Specialty (MOS) 11B.
APPLICANT STATES: That he graduated from basic and advanced individual training and earned the MOS 11B, and his DD Form 214 should reflect that. In support of his request the applicant submits a copy of his DD Form 214, the orders awarding him MOS 11B, and a copy of his diploma from the U.S. Army Infantry School.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 13 April 2001 for a period of 4 years. He successfully completed basic and advanced individual training as an infantryman.
On 13 September 2001, the applicant’s commander notified him that he was initiating action to separate him from military service prior to his expiration term of service, with an uncharacterized entry level separation. The reason for the separation was the applicant’s inability to adapt socially or emotionally to military life. The applicant acknowledged his commander’s actions and waived his right to legal counsel, declined a separation physical examination, and elected not to submit statements in his own behalf.
On 21 September 2001, he was discharged under the provisions of Army Regulation 635-200, chapter 11, for entry level performance and conduct. The applicant’s DD Form 214 indicates he had 5 months and 9 days of active service.
Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that item 11 (Primary Specialty) will contain the title of all MOS’s served for at least 1 year, and will include the number of years and months served, not counting basic and advanced individual training.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant served on active duty for 5 months and 9 days, and served in MOS 11B from 10 August 2001 until his separation on 21 September 2001, approximately 43 days. The requirement for listing a primary specialty in item
11 of the DD Form 214, is 1 year. The applicant served in MOS 11B for less than 2 months, thereby making it unauthorized for inclusion on his DD Form 214.
2. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence to show that there was an error or injustice in this case.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__RVO __ __RJW__ __DPH__ DENY APPLICATION
CASE ID | AR2002067585 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20020409 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 131.00 |
2. | |
3. | |
4. | |
5. | |
6. |
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