MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 22 May 2003
         DOCKET NUMBER: AR2002081259

         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor		Chairperson
Mr. Stanley Kelley		Member
Ms. Gail J. Wire		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)

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APPLICANT REQUESTS: Award of the Special Forces Tab. He also requests that his enlisted military records be amended to reflect the additional skill identifier (ASI) "W7" (Special Forces Underwater Operations).

APPLICANT STATES: The applicant submitted two applications. In his application for the Special Forces Tab, the applicant states that he completed the then approved program of instruction for special forces qualification in special forces groups, and was subsequently awarded, by competent authority, special qualifications identifiers (SQI) "S" (Special Operations Support Personnel) military occupational specialty (MOS) in Career Management Field (CMF) 18E (Special Forces Communications Sergeant) duties. He contends that 05H3S (Morse Interceptor Advisor) and 18E are identical military occupational specialties in special forces training groups. In support of this application, he submits an excerpt from Army Regulation 600-8-22 (Military Awards) on the Special Forces Tab; an Enlisted Evaluation Report covering the period November 1987 through May 1988; a NCO [Noncommissioned Officer] Evaluation Report covering the period September 1988 through February 1989; Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record); permanent change of station orders, dated 9 September 1987; diploma for EW/SIGINT Morse Interceptor Course 231-05H10; diploma for EW/SIGINT Morse Interceptor - BNCOC 231-05H30; diploma for the Airborne Course; and an Honorable Discharge Certificate, dated 17 January 1991.

In his second application, the applicant states that after graduating from the then U.S. Army Special Operations Command (USASOC) approved Scuba Divers Training course of instruction given at 1st Special Forces Group (Airborne), Fort Lewis, Washington, the paperwork submitted for the "W7" ASI was lost and or misplaced. He contends that he performed CMF 18 functional area MOS 18E SQI "W7" duties by completing the then USASOC approved 1st Special Forces Scuba Divers course while performing as communications sergeant on a Special Forces Military Intelligence Company Special Operations Team Alpha. In support of this application, he submits an attachment which lists 9 enclosures.

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

The applicant enlisted on 5 December 1984, trained as a morse interceptor and completed the Officer Candidate Course in January 1991. He was honorably discharged in the rank of staff sergeant on 17 January 1991 and ordered to active duty as a commissioned officer. He entered active duty on 18 January 1991 as a Reserve officer in the U.S. Army Reserve. On 19 March 1999, the applicant was honorably discharged in the rank of captain for substandard performance.

The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) with an effective date of 17 January 1991, which was authenticated in his own hand, does not show the Special Forces Tab as an authorized award.

There are no orders for the Special Forces Tab in the applicant's service personnel records.

There is no evidence that the applicant successfully completed the Resident Special Forces Qualification Course. There is also no evidence that the applicant completed an approved program of instruction for special forces qualification in a special forces training group and was awarded SQI "S" MOS in CMF 18 (Special Forces).

In support of his claim for the Special Forces Tab, the applicant provided two Enlisted Evaluation Reports which show his primary MOS was 05H2P (Morse Interceptor with Parachute) and his duty MOS was 05H3S and 05H2S. He also provided Section VII (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record) which shows his duty MOS was 05H3S during the period 25 November 1987 through 16 March 1989. The Board notes that MOS 05H (Morse Interceptor) was converted to MOS 98H (Morse Interceptor) during the applicant's period of active duty service.

Item 11 (Primary Specialty) on the applicant's DD Form 214 with an effective date of 17 January 1991 shows, in pertinent part, the entry, "98H3P MORSE INTERCEPTOR W/PARACHUTIST." Item 11 does not show ASI "W7."

There are no orders awarding the applicant an ASI of "W7" in the applicant's service personnel records.

In support of his claim, the applicant provided a certificate of completion of scuba diving training, dated 21 December 1989. However, there is no evidence that this training course was a USASOC approved diver training course.

There are no orders for the Scuba Diver Badge in the applicant's service personnel records.

Army Regulation 600-8-22, in pertinent part, sets forth the requirements for award of the Special Forces Tab. The Special Forces Tab is awarded for successful completion of the Special Forces Qualification Course or the Special Forces Officer Course. The regulation also states that active Army personnel must successfully complete the Resident Special Forces Qualification Course, the Special Forces Officer Course, or the then approved program of instruction for special forces qualification in special forces training groups, and who were subsequently awarded, by competent authority, special qualifications identifiers "S" or 3 (Officer Personnel), military occupational specialty in Career Management Field 18, or Functional Area 18.

The U.S. Total Army Personnel Command (PERSCOM) Enlisted MOS Structure Chart shows that the associated ASIs for MOS 98H (Morse Interceptor) are
P5 (Master Fitness Trainer), 2S (Battle Staff Operations) and 4A (Reclassification Training).

Paragraph 2-15 (Combat diver rating) of Army Regulation 611-75 (Management of Army Divers) states that all divers must graduate from a Combat Diving Qualification Course conducted by USAJFKSWCS, Key West, Florida; the U.S. Navy Special Warfare Center, Coronado, California; or other USASOC approved diver training course. The regulation also states that enlisted combat divers will be awarded either ASI W7 or W9.

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 evidence of record does not support the applicant's contention that he completed an approved program of instruction for special forces qualification in special forces groups, and was subsequently awarded, by competent authority, SQI "S" MOS in CMF 18E duties. The applicant's Enlisted Evaluation Reports and Section VII of his DA Form 2-1 show that his duty MOS was 05H (Morse Interceptor) in CMF 05 with SQI "S", not CMF 18E.

2. The evidence of record does not support the applicant's contention that 05H3S and 18E are identical military occupational specialties in special forces training groups. The U.S. Total Army Personnel Command (PERSCOM) Enlisted MOS Structure Chart shows that the associated ASIs for MOS 98H (Morse Interceptor) are P5 (Master Fitness Trainer), 2S (Battle Staff Operations) and 4A (Reclassification Training).

3. There are no orders for the Special Forces Tab in the applicant's service personnel records. There is also no evidence of record available to the Board which shows the applicant met the qualifications for award of the Special Forces Tab. Therefore, the Board determined that there is insufficient evidence on which to base award of the Special Forces Tab in this case.

4. The Board considered the applicant's contention that he graduated from an approved USASOC Scuba Divers Training course of instruction. However, there is no evidence of record available to the Board which shows the diving course that the applicant completed was an approved USASOC diver training course.

5. The Board noted the applicant's contention that he performed CMF 18E (Special Forces Communications Sergeant) duties with SQI "W7" by completing the USASOC approved divers course while performing as communication sergeant on a Special Forces Military Intelligence company Special Operations Team Alpha. However, there is no evidence of record to support this contention.
6. There are no orders awarding ASI "W7" to the applicant in his service personnel records. Therefore, the Board determined that there is insufficient evidence on which to amend the applicant's enlisted military records to show ASI "W7."

7. 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.

8. 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____ SK_____ GJW_____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002081259
SUFFIX
RECON
DATE BOARDED	20030522
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0124
2.	100.0500
3.
4.
5.
6.