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ARMY | BCMR | CY2003 | 2003087042C070212
Original file (2003087042C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 14 August 2003
         DOCKET NUMBER: AR2003087042

         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
Mr. William Blakely Analyst

The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. James E. Anderholm Member
Ms. Linda M. Barker 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: In effect, that her military records be changed to show the correct skill level for her military occupational specialty (MOS).

APPLICANT STATES: In effect, that the skill level shown in item 11 (Primary Specialty Number and Title) of her separation document (DD Form 214) is incorrect. In support of her application, she submits a copy of her diploma from the MOS 63G Fuel and Electrical Systems Repair Course, and her separation document (DD Form 214).

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

On 2 October 1979, the applicant entered the Regular Army for 4 years. Her record documents no acts of valor, significant achievement, or service warranting special recognition, and it confirms that the highest rank she attained while serving on active duty was private/E-1.

The applicant completed basic combat training and was assigned to Aberdeen Proving Ground, Maryland, to attend advanced individual training (AIT) in MOS 63G (Fuel and Electrical Systems Repair). While still in a training status, she was examined at the medical treatment facility and it was discovered that she was pregnant.

On 2 April 1980, the applicant submitted a formal personnel actions request for separation under the provisions of Army Regulation 635-200, chapter 8, for pregnancy. The appropriate authority approved the applicant’s separation with an honorable discharge, and directed that she be placed in the Individual Ready Reserve (IRR). On 16 May 1980, the applicant was discharged accordingly after completing a total of 7 months and 15 days of active military service.

The applicant’s Military Personnel Records Jacket (MPRJ) contains a copy of Orders Number 46-74, dated 6 March 1980, issued by Headquarters,
U. S. Army Aberdeen Proving Ground, Maryland. These orders show that the applicant was awarded MOS 63G10, effective 24 March 1980, and directed her reassignment to United States Army Military Personnel Center, Korea. However, these orders were revoked as indicated in writing on the orders on file in the MPRJ.

Item 17 (Civilian Education and Military Schools) of the applicant’s Personnel Qualification Record (DA Form 2-1) shows that she attended the Fuel and Electrical Systems Repair Course; however, the entry “NO” in the course completion block indicates she did not complete the course.


The DD Form 214 issued to the applicant on the date of her separation confirms in Item 11 (Primary Specialty Number and Title) the applicant held the MOS 63G00 (Trainee) on the date of her separation. The applicant authenticated this document with her signature on the date of her separation, thereby verifying the information contained therein was correct at the time. There is no indication that she raised the skill level issue at the time or in the over 23 years that have passed since.

The diploma provided by the applicant shows she successfully completed all requirements of the Fuel and Electrical Systems Repair Course on 24 March 1980.

Army Regulation 611-201 prescribes the policy and procedures for the enlisted MOS classification structure of the active Army. Paragraph 1-7, in effect at the
time, states skill level “0” is authorized for use with any MOS to identify personnel undergoing training for award of their first MOS. Paragraph 1-7, also identifies the relationship between skill level and grade, and it states, in pertinent part, that the skill level 10 will be assigned to enlisted personnel positions authorized the grades of E-3 through E-4.

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 Board notes the applicant’s contention that the skill level listed on her
DD Form 214 is incorrect. However, it finds an insufficient evidentiary basis to support this claim.

2. The Board also notes that there is a properly constituted DD Form 214 on file that was authenticated by the applicant with her signature on the date of her separation. This confirms that she verified that the information contained therein was correct, to include the MOS data listed in Item 17, at the time the separation document was prepared and issued. By regulation, there is a direct correlation between a position grade authorization and a soldier’s MOS skill level. Personnel who have never filled a position outside of a training environment are authorized a skill level of “00”.

3. Although the applicant provides a document that indicates she completed the requirements of the Fuel and Electrical Systems Repair Course, the record confirms she was discharged by reason of pregnancy prior to initial assignment and never performed MOS 63G duties in a position authorized a skill level of “10.” Thus, the Board concludes that even if she completed the MOS 63G course requirements, there is still no basis for granting the requested relief at this time.

4. 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.

5. 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

JA_ __RO__ __LB__ DENY APPLICATION



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




INDEX

CASE ID AR2002087042
SUFFIX
RECON
DATE BOARDED
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
DISCHARGE AUTHORITY AR
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1.6 100.0500
2.
3.
4.
5.
6.


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