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ARMY | BCMR | CY2003 | 2003087260C070212
Original file (2003087260C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 August 2003
         DOCKET NUMBER: AR2003087260

         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. Beverly A. Young Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. John T. Meixell 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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct period of time he served as an infantryman and as a dual component.

APPLICANT STATES: That his DD Form 214 contains an error in the amount of time he served as an infantryman in pay grade E-8 and his time in the dual component program.

In support of his application, he submitted a DA Form 2339 (Application for Voluntary Retirement) and two letters from the Chief of the Program Support Division, Office of the Adjutant General, Reserve Components Personnel and Administration Center in St. Louis, Missouri.

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

The applicant initially enlisted in the Regular Army on 24 June 1963. He continued to serve on active duty through a series of reenlistments.

On 5 April 1978, the applicant was appointed as a Reserve commissioned officer in the rank of first lieutenant as an infantryman. On the date of his commission in the U.S. Army Reserve (USAR), he was serving as a sergeant first class, pay grade E-7 on active duty in the Regular Army.

The applicant was promoted to the rank of captain in the USAR on 4 April 1982.

He was promoted to the rank of master sergeant/pay grade E-8 on 1 August 1982 in the Regular Army.

Headquarters, Presidio of San Francisco California Orders 42-111, dated 29 February 1984 awarded the applicant the primary military occupational specialty (MOS) 00R40 (Recruiter/ Retention NCO), secondary MOS 76Y40 (Unit Supply Specialist), and additional MOS 11B40 (Light Weapons Infantryman) effective on 1 September 1982. These orders withdrew his primary MOS of 00E40 (Recruiter).

Headquarters, Presidio of San Francisco California Orders 77-52, dated 6 April 1984 amended Orders 42-111 to show the applicant's primary MOS as "00R50" and to show his secondary MOS as "11B50."

Block 6 (Military Occupational Specialties) on the applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows he was awarded MOS 00R50 on 1 September 1982 and MOS 11B on 21 August 1981. No orders awarding him MOS 11B are available.

The applicant retired on 31 July 1984 in the rank of master sergeant. His DD Form 214 shows he served in primary MOS 00R50 for 1 year and 10 months and MOS 11B50 for 2 years and 11 months.

Under the provisions of Army Regulation 600-39, the Dual Component Personnel Management Program provided for individuals serving in the Regular Army in an enlisted or warrant officer status to hold a commission in the Army Reserve.

Army Regulation 635-5 (Separation Documents) established the standardized policy for preparing and distributing 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. The regulation does not provide for an entry indicating dual component status. The regulation provides, in pertinent part, that the primary MOS and all additional MOS served in for a period of one year or more, service will be entered in Block 11 on the DD Form 214.

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's DA Form 2-1 shows he was awarded MOS 11B40 on 21 August 1981. No orders are available which might show he was awarded this MOS on a different date. His DD Form 214 properly reflects the period he served in MOS 11B.

3. The DD Form 214 is meant to provide a brief record of a soldier's active Army service at the time of separation. The applicant was a Regular Army E-8 at the time of his separation from active duty. The Board is cognizant that the applicant served in a dual component status; however, there are no regulatory provisions for indicating dual component status on the DD Form 214.

4. The Board has determined that there is no error or injustice that exists in this case; therefore, there is no basis for correcting his DD Form 214.

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

FNE_____ MVT_____ JTM____ DENY APPLICATION



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



INDEX

CASE ID AR2003087260
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030819
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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