RECORD OF PROCEEDINGS


	IN THE CASE OF:	    


	BOARD DATE:	  2 August 2007
	DOCKET NUMBER:  AR20070001822 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Curtis L. Greenway

Chairperson

Mr. Robert W. Soniak

Member

Ms. Karmin S. Jenkins

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 add his military occupational specialties (MOS) 19K1O (Armor Crewman) and 77W1O (Water Treatment Specialist); and to show all of his authorized awards and training.

2.  The applicant states, in effect, that these corrections will help his career progression in the Ohio Army National Guard.   

3.  The applicant provides a copy of his Army/American Council on Education Registry Transcript (AARTS) and his Verification of Military Experience and Training (VMET) document.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 27 September 1997, the date of his discharge.  The application submitted in this case is dated 29 January 2007.

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 applicant’s failure to timely file.

3.  On 30 August 1989, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded MOS 19D1O (Cavalry Scout) in December 1989.

4.  Records show that the applicant was awarded MOS 19K1O (Armor Crewman) on 26 February 1993.

5.  Records show that the applicant was awarded MOS 71G1O (Patient Administration Specialist) on 1 April 1994.

6.  On 27 September 1997, the applicant was honorably discharged from Active Duty.  He had attained the rank of specialist, pay grade E4 and had completed 
8 years and 28 days of creditable active service.
7.  Orders 205-0008, United States Army Transportation Center, Fort Eustis, Virginia, dated 24 July 1997, as amended on 29 September 1997, assigned the applicant to the United States Army Hospital, Richmond, Virginia, with a report date no later than 30 September 1997.

8.  Item 11 (Primary specialty) of the applicant’s DD Form 214 lists 71G1O, Patient Administration Specialist, 7 years and 9 months.  It does not list any other MOS.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Commendation Medal, Army Achievement Medal (two awards), Army Good Conduct Medal (two awards), National Defense Service Medal, Southwest Asia Service Medal with three bronze service stars, Humanitarian Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (two awards), Kuwait Liberation Medal-Saudi Arabia, Kuwait Liberation Medal-Government of Kuwait, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.

10.  Item 14 (Military Training) of the applicant's DD Form 214, lists his training as Cavalry Scout (14 weeks), Patient Administration Specialist (7 weeks), and the Primary Leadership Development Course (4 weeks).

11.  The applicant’s VMET document shows that he performed duties in MOS 77W1O (Water Treatment Specialist) in the United States Army Reserve for a 
1 month period from February to March 2000.

12.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part,  that  Item 11 (Primary Specialty) of the DD Form 214 will show all additional MOS held for at least 1 year.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was awarded MOS 19D1O in December 1989.   At the time of his discharge on 27 September 1997, he had held this MOS for 7 years and 9 months.   Therefore, the applicant’s request to add this MOS to his DD Form 214 should be granted.

2.  The evidence of record clearly shows that the applicant was awarded MOS 19K1O in February 1993.  At the time of his discharge on 27 September 1997, he had held this MOS for 4 years and 7 months.  Therefore, the applicant’s request to add this MOS to his DD Form 214 should be granted.

3.  The evidence of records shows that the applicant was awarded MOS 71G1O on 1 April 1994.  At the time of his discharge on 27 September 1997, he had held this MOS for 3 years and 5 months.  Therefore, the applicant's records should be corrected to show this length of time.

4.  The VMET document shows that the applicant performed duty as a water treatment specialist from February to March 2000.  However, there is no evidence showing that he was ever awarded this specialty as an MOS, or that he held this MOS at any time during his active duty service between 1989 and 1997. Therefore, the applicant’s request to add this MOS to his DD Form 214 should not be granted. 

5.  The applicant's record of awards has been carefully reviewed.  There is no evidence showing that he is authorized any additional awards.

6.  The applicant's record of training has been carefully reviewed.  There is no evidence showing that he received any training that is not properly recorded on his DD Form 214. 

7.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 September 1997; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
26 September 2000.  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 

__RWS__  __KSJ __  __CLG__  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:

a.  showing in Item 11 (Primary Specialty) of his DD Form 214, that he held MOS 71G1O for 3 years and 5 months; and 

b.  showing in Item 11 of his DD Form 214, his specialties include 19K1O, Armor Crewman, 4 years and 7 months; and 19D1O, Cavalry Scout, 7 years and 9 months.

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 award of military occupational specialty 77W1O, or to any additional awards or training not already recorded on his DD Form 214. 




_      Curtis L. Greenway________
          CHAIRPERSON




INDEX

CASE ID
AR20070001822
SUFFIX

RECON
 
DATE BOARDED
20070802 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.
107
3.

4.

5.

6.