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ARMY | BCMR | CY2002 | 2002072509C070403
Original file (2002072509C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002072509

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

Mr. Carl W. S. Chun Director
M . Analyst


The following members, a quorum, were present:

Mr. Samuel A. Crumpler Chairperson
Mr. Melvin H. Meyer Member
Ms. Regan K. Smith Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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


APPLICANT REQUESTS: That her Certificate of Release or Discharge from Active Duty, DD Form 214, item 11 be amended to show she held military occupational specialty (MOS) 94B for 4 years.

APPLICANT STATES: That she actually served 4 years as shown in item 12 of her DD Form 214. She provides her DD Form 214 as evidence.

EVIDENCE OF RECORD: The applicant's military records show:

She enlisted in the Regular Army on 3 August 1989. Her MOS orders are not available but her Personnel Qualification Record, DA Form 2-1, item 35 shows that she departed advanced individual training at Fort Lee, VA on 15 December 1989. She was released from active duty on 2 August 1993 after completing 4 years of creditable active service. Item 11 of her DD Form 214 shows she held MOS 94B for 3 years and 7 months.

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 item 11 will be completed by entering the MOS codes, titles, years, and months (held).

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. 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 that would satisfy this requirement.

2. The applicant had been in the Army since August 1989; however, she was not awarded MOS 94B until around December 1989. Item 11 of the DD Form 214 is meant to record how long, in years and months, the soldier held the MOS. The applicant’s DD Form 214 correctly shows she held MOS 94B for 3 years and 7 months.

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

__SAC__ __MHM__ __RKS__ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002072509
SUFFIX
RECON
DATE BOARDED 2002/08/01
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.00
2.
3.
4.
5.
6.



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