RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 6 March 2007
DOCKET NUMBER: AR20060011784
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. James E. Anderholm
Chairperson
Mr. Scott W. Faught
Member
Mr. Roland S. Venable
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show his military occupational specialty (MOS) as 63B2O, and his last unit of assignment as the 227th General Supply Company. He also indicates that his DD Form 214 is missing medals and ribbons.
2. The applicant states, in effect, that his MOS and last unit of assignment are incorrect on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 11 September 2000, the date of his discharge. The application submitted in this case is dated 9 August 2006.
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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. On 20 April 1989, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded MOS 63B1O (Light Wheel Vehicle Mechanic). He continued to serve through two reenlistments.
4. On 1 December 1998, the applicant was promoted to sergeant, pay grade E5, in MOS 63B2O.
5. Department of the Army Pamphlet 611-21 (Military Occupational Classification System) provides, in pertinent part, that the fourth character in an enlisted MOS code reflects the type and degree of skill representing the extent of qualification with the total MOS. Under the Enlisted Personnel Management System (EPMS) it reflects the skills typically required for successful performance at the grade with which the skill level is associated.
6. Orders 249-0020, 101st Airborne Division (Air Assault) Fort Campbell, Kentucky, dated 5 September 2000, reassigned the applicant from the 227th General Supply Company to the United States Army Transition Center, Fort Campbell, Kentucky, for processing out of the United States Army.
7. On 11 September 2000, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct. He was reduced to private, pay grade E1.
8. Item 8a (Last Duty Assignment and Major Command) of the applicant's DD Form 214 shows the 494th Transportation Company, Forces Command.
9. Item 11 (Primary Specialty) of the applicant's DD Form 214 shows his MOS as 63B1O (Light Wheel Vehicle Mechanic).
10. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214, lists the Army Good Conduct Medal (three awards), National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Noncommissioned Officers Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Kuwait, Air Assault Badge, and the Driver and Mechanic Badge with Mechanic Bar.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant's last unit of assignment was the 227th General Support Company. Therefore, his records should be corrected to show this unit of assignment.
2. The EPMS requires that the MOS skill level (fourth character) be in agreement with the individual's rank and pay grade. His MOS was changed from 63B2O to 63B1O due to his reduction to private, E1. Therefore, his request to change his MOS should not be granted.
3. There is no available evidence of record, or evidence provided by the applicant, showing that he is entitled to any award not already included in Item 13 of his DD Form 214. Therefore, his request for additional awards should not be granted.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 September 2000; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
10 September 2003. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JEA __ __RSV__ __SWF __ 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 by showing in Item 8a (Last Duty Assignment and Major Command) of his DD Form 214, the 227th General Supply Company, Forces Command.
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 correction of his military occupational specialty and addition of awards to his DD Form 214.
__James E. Anderholm____
CHAIRPERSON
INDEX
CASE ID
AR20060011784
SUFFIX
RECON
DATE BOARDED
20070306
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100
2.
3.
4.
5.
6.
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