RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 August 2006
      DOCKET NUMBER:  AR20050017475


      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             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show the rank of specialist/pay
grade E-4.  He further requests that his military occupational specialty
(MOS) be corrected to show 91W1 (Nuclear Medical Specialist) instead of
91B1 (Medical Specialist).

2.  The applicant states, in effect, that on approximately 27 January 1997,
he received promotion orders to the rank of specialist/pay grade E-4 at
Fort Carson, Colorado.  He continues that for some reason this promotion
was not reflected on his separation document.  The applicant further states
that, on 13 August 2002, he received orders that awarded him MOS 91W1.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel
Qualification Record); DD Form 2648 (Preseparation Counseling Checklist),
dated 9 April 1998; two Army Achievement Medal Certificates; two DA Form
638 (Recommendation for Award); B Detachment, 4th Personnel Services
Battalion [Fort Carson, Colorado] Permanent Orders Number 318-1602, dated
14 November 1997; and U.S. Army Reserve Personnel Command Orders Number D-
08-232303, dated 13 August 2002, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 September 1998, the date of his release from active duty.
The application submitted in this case is dated 30 November 2005.

2.  Title 10, U.S. Code, section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 3 November 1994 for a
period of 4 years.  After completion of basic and advanced individual
training, he was awarded MOS 91B (Medical Specialist).  The applicant was
honorably released from active duty on 2 September 1998 and transferred the
U.S. Army Reserve Control Group.

4.  The applicant's service records contain DA Form 4187 (Personnel
Action), dated 10 February 1997.  This form shows the applicant was
advanced to the grade of specialist effective 27 January 1997.  This action
was approved by the commanding officer of the 4th Personnel Services
Battalion, Fort Carson, Colorado.

5.  Item 18 (Appointments and Reductions) of the applicant's DA Form 2-1
does not contain any entries showing reduction in grade during this period
of service.

6.  Headquarters, U.S. Army Medical Department Center and School and Fort
Sam Houston Orders Number 045-00229, dated 14 February 1996, awarded the
applicant a primary military occupational specialty 91B (Medical
Specialist) effective 27 February 1996.

7.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 does not
show he served in a duty MOS 91W (Nuclear Medical Specialist) during this
term of active service.

8.  The applicant submitted U.S. Army Reserve Personnel Command Orders
Number D-08-232303, dated 13 August 2002 which show his MOS as 91W1
(Nuclear Medical Specialist).

9.  U.S. Army Human Resources Command provided an advisory opinion for this
case.  The Chief, Promotions Branch, Office of Promotions (RC) stated that
the available records show the applicant was advanced to the grade of
specialist effective 27 January 1997.

10.  The Chief, Promotions Branch, Office of Promotions opined that an
error was made during the applicant's separation/discharge processing which
resulted in an incorrect grade to be reflected on his separation documents.
 The Chief, Promotions Branch, Office of Promotions recommended granting
the applicant's request to correct his separation document to show the
grade of specialist with an effective date of 27 January 1997.

11.  Army Regulation 635-5 (Separation Documents) establishes the
standardized policy for preparing and distributing the DD Form 214.  The
regulation in effect at the time directs, in pertinent part, that the
purpose of the separation document is to provide the individual with
documentary evidence of their military service.  It is important that
information entered on the form should be complete and accurate.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show he
was serving in the grade of specialist/pay grade E-4 at the time of
separation and that his primary specialty was 91W (Nuclear Medical
Specialist).

2.  Evidence shows the applicant was advanced to the grade of specialist
with an effective date of 27 January 1997.  There is no evidence in his
records that shows he was reduced in grade prior to his separation.
Therefore, he is entitled to correction of item 4a and 4b of his DD Form
214 to show his grade as specialist/pay grade E-4.

3.  Contrary to the applicant's contention regarding his primary specialty,
evidence of record shows after his completion of all his training, he was
awarded the primary military occupational specialty 91B (Medical
Specialist).

4.  The applicant did not provide supporting evidence which shows while on
active duty, he was awarded and served in MOS 91W (Nuclear Medical
Specialist).  Therefore, there is insufficient evidence to grant relief.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 September 1998; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 September 2001.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file based on the merits of this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MKP____  _MJF___  _GJP___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by showing the grade of "SPC" in item 4a of his DD Form 214;


      b.  by showing the pay grade of "E4" in item 4b of his DD Form 214;
      and


      c.  by showing the entry "1997 01 27" in item 12h of his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
show the primary specialty of 91W (Nuclear Medical Specialist) on his
separation document.




                                     __Margaret K. Patterson____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017475                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060803                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000.0000                           |
|2.  307                 |129.0500.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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