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ARMY | BCMR | CY2004 | 2004105185C070208
Original file (2004105185C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            27 January 2005
      DOCKET NUMBER:   AR2004105181


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Ms. Brenda K. Koch                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record reflect the proper
amount of time he served in military occupational specialty (MOS) 11B3X, as
a drill sergeant and in MOS 95B as a military police officer and a result
the total qualifying service he completed for retirement purposes.

2.  The applicant states, in effect, that the total number of years he
served in the MOS 11B3X as a primary MOS (PMOS) is incorrect.  He states
that a records review conducted in February 2004 by a member of the Board
staff indicated he was awarded MOS 11B3X on 19 April 1982, when in fact his
school diploma indicates he completed the drill sergeant course on 21 July
1978.  He claims this is a discrepancy of almost 4 years, which should
change the total amount of years he served in the military.

3.  The applicant also states that he was awarded a secondary MOS (SMOS) of
95B, as evidenced by his course completion certificate from the Military
Police school.  He concludes by stating that the wrong dates he served in
the PMOS 11B3X and the omission of his SMOS of 95B will play a significant
role in the determination of his military pension.

4.  The applicant provides two Army National Guard (ARNG) separation
documents (NGB Forms 22), a Drill Sergeant School Certificate of Graduation
and a Military Police Course Certificate of Training in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he initially enlisted in the United States
Army Reserve (USAR) on 26 March 1970.  He entered active duty for initial
active duty for training (IADT) on 4 September 1970.  He was trained in and
awarded the PMOS of 71B (Clerk Typist) and was released from active duty
and returned to his USAR unit on 2 January 1971, after completing 3 months
and 29 days of active military service.  He continued to serve through a
series of continuous reenlistments and extensions until being honorably
discharged from the USAR on 23 May 1987.

2.  The applicant’s record also shows that he initially completed the drill
sergeant course on 21 July 1978 and was awarded the special qualification
identifier (SQI) X (Drill Sergeant).
3.  On 1 December 1978, he was assigned to a drill sergeant position in
duty MOS (DMOS) 11B3X.  Annual Enlisted Evaluation Reports (EERs) for the
periods September 1978 through August 1979, September 1979 through
August 1980, and September 1980 through August 1981 show he held the PMOS
71L2X, SMOS 11B20 and DMOS 11B3X.

4.  Orders Number 11-1, dated 19 April 1982, issued by Headquarters,
4th Brigade, 76th Division (Training), Providence, Rhode Island, awarded
the applicant the PMOS 11B2X and SMOS 71L20.  These orders also withdrew
the applicant’s PMOS of 71L2X and SMOS of 11B20.

5.  On 23 August 1982, the applicant was promoted to staff sergeant (SSG)
and awarded the PMOS 11B3X.  The applicant provides a copy of a Certificate
of Training that indicates he completed a military police course on 12
April 1988; however, there is no indication in the record that he ever
served in MOS 95B.

6.  Although records related to this service were not made available, it
appears the applicant served in the Massachusetts Army National Guard
(MAARNG) and was discharged from that Reserve Component on 6 September
2003.

7.  During the processing of this case, a Chronological Statement of
Retirement Points (ARPC Form 249-2-E was obtained from the Army Reserve
Personnel Command (ARPERSCOM).  This document shows that between 6 June
1971 and 19 October 2003, the applicant was credited with 23 years, 11
months and 18 days of qualifying service for retirement.  This service
summary makes no reference to the applicant’s IADT active duty service
between 4 September 1970 and 2 January 1971.  The document also credits no
service for the applicant’s ARNG service between 1998 through 2003.

8.  Army Regulation 135-180 (Qualifying Service for Retired Pay) implements
statutory authorities governing the granting of "retired pay" to Soldiers
and former Reserve Components Soldiers.  It states, in pertinent part, that
a reservist must earn a minimum of 50 retirement points each retirement
year to have that year credited as qualifying service.  It further states
that when a person is in an active status for a period less than a full
retirement year, a minimum number of retirement points are required to be
earned in order to have that period credited as qualifying service.

9.  Army Regulation 140-158 (Enlisted Personnel Classification, Promotion
and Reduction) prescribes the policy and procedures governing the
classification, advancement, promotion, reduction, and grade restoration of
applicable USAR soldiers.

10.  Paragraph 2-1 of the same regulation contains guidance on
reclassification/awarding of PMOS/SMOS/AMOS.  It states, in pertinent part,
that an awarded MOS, especially the PMOS, represents significant time and
effort, both to the Army and the soldier. In changing a PMOS, carefully
consider the benefits to the Army and the soldier versus invested training
costs.

11.  Paragraph 2-16 of the enlisted classification regulation contains
general guidance on the SQI.  It provides for adding the X (Drill Sergeant)
SQI to a Soldier’s PMOS and does not require reclassification of the PMOS.


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to
properly document his service as a drill sergeant and military police
officer was carefully considered.  However, the evidence of record confirms
no service in MOS 95B and that the applicant’s service as a drill sergeant
is fully documented.

2.  The record confirms the applicant completed the drill sergeant course
on
21 July 1978 and was awarded the SQI X.  It further shows he was assigned
to a drill sergeant position in DMOS 11B3X on 1 December 1978 and served in
that position through his discharge from the USAR.  The record also
confirms he received EERs evaluating him as a drill sergeant during this
period.  As a result, the time he served in a drill sergeant duty position
is well documented.

3.  By regulation, once qualification as a drill sergeant is obtained, the
SQI X is added to the fifth character of the PMOS.  In this case, although
his DMOS was 11B3X, the applicant’s PMOS at the time was 71L and the X SQI
was appropriately added to the fifth character of his PMOS.  On 19 April
1982, he was awarded the PMOS 11B2X and SMOS 71L20 and on 23 August 1982,
he was promoted to SSG in MOS 11B3X, which is also documented in the
record.  Therefore, there is insufficient evidence to show any error or
injustice related to the documentation of his drill sergeant service in the
record.

4.  The evidence of record provides no indication that the applicant ever
served in MOS 95B during his USAR service.  As a result, there is an
insufficient evidentiary basis to support documenting this MOS on his
record at this time.

5.  Although unrelated to the documentation of his service as a drill
sergeant and military police officer, the applicant’s claim that he is not
being properly credited with all the qualifying service he completed for
retirement purposes may have merit.  However, the applicant must attempt to
resolve this issue through USAR channels prior to Board consideration.
6.  The ARPC Form 249-2-E on file indicates the applicant completed 23
years, 11 months and 18 days of qualifying service for retirement during
the period
6 June 1971 through 19 October 2003.  However, this document does not
credit the applicant with any points for the 3 months and 29 days of IADT
active duty service he completed on 2 January 1971.  It also appears it
does not properly account for his ARNG service between 1998 and 2003.

7.  The applicant is advised to contact the Regional Support Team that
supports the State of Massachusetts at the following address:  U.S. Army
Human Resources Command, ATTN:  PAR-A, 1 Reserve Way, St. Louis, Missouri
63132-5200, or by telephone at (314) 592-0568, to address correction of his
retirement points.  If after exhausting this administrative remedy, the
applicant still believes his record is in error, he may reapply to the
Board.  If he decides to reapply, any documentation regarding HRC, St.
Louis processing of his request for correction of retirement points, along
with all evidence (training records, leave and earnings statements etc.)
regarding service credit, should be included with his application.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___ECP_  ___BKK _  ___RJW_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice related to his service as a drill sergeant and in MOS
95B.  Therefore, the Board determined that the overall merits of this case
are insufficient as a basis for correction of the records of the individual
concerned.




            ____Raymond J. Wagner ___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004105185                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/27                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2003/09/06                              |
|DISCHARGE AUTHORITY     |NGR 600-200                             |
|DISCHARGE REASON        |Retired Reserve                         |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |129.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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