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ARMY | BCMR | CY2002 | 2002073903C070403
Original file (2002073903C070403.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 December 2002
         DOCKET NUMBER: AR2002073903

         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
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. Harry B. Oberg 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 his Certificate of Release or Discharge from Active Duty, DD Form 214, be corrected to add his first military occupational specialty (MOS), 11B1P.

APPLICANT STATES: The applicant makes no further statement. He provides his DD Form 214 as supporting evidence.

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

He enlisted in the Regular Army on 9 June 1995 for training in career management field 11X (Infantry). He completed basic training and advanced individual training and apparently was awarded MOS 11B (Infantryman). He completed basic airborne training which would have led to his being awarded special qualification identifier P. His Personnel Qualification Record, DA Form 2-1, shows he was assigned to 11B1P duties on 6 November 1995.

On 8 October 1998, the applicant reenlisted for training in MOS 14E (Patriot Fire Control Operator). He completed training in MOS 14E on 22 July 1999.

The applicant's MOS orders are not available. His Enlisted Record Brief, dated 3 April 2001, shows that he held primary MOS 14E and no secondary MOS.

The applicant was released from active duty on 7 October 2001. Item 11 of his DD Form 214 shows he held MOS 14E for 6 years and 1 month. (Item 2 of his DD Form 214 shows his component as U. S. Army Reserve).

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.

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 DD Form 214 is meant to provide a record of a soldier's service at the time he or she is released from active duty. The applicant's Enlisted Record Brief showed that he did not hold 11B as a secondary MOS at the time he separated; therefore, it would not have been an authorized entry in item 11.

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

__RJO__ __ SK___ __HBO__ DENY APPLICATION



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




INDEX

CASE ID AR2002073903
SUFFIX
RECON
DATE BOARDED 2002/12/19
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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