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ARMY | BCMR | CY2007 | 20070003393
Original file (20070003393.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  11 September 2007
	DOCKET NUMBER:  AR20070003393 


	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

Ms. Jeanne Marie Rowan

Analyst


The following members, a quorum, were present:


Mr. Larry Bergquist

Chairperson

Ms. Marla Troup

Member

Ms. Ernestine Fields

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 the following corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 April 2005.

	a. Add Meritorious Service Medal (MSM); and

	b. Add his Secondary Military Occupational Specialty (SMOS).

2.  The applicant states, in effect, his DD Form 214 with a separation date of 30 April 2005 is not accurate.

3.  The applicant provides the following documents to support his application.

	a. A copy of his MSM certificate which shows the award was authorized by Permanent Order Number 021-157 dated 21 January 2005, published by Headquarters, 101sth Airborne Division (Air Assault).  This award commended him for his meritorious service for the period 26 August 1981 to 30 April 2005 which reflect his inclusive dates of active federal service.

	b. Orders Number 231-166, published by 569th Personnel Service Company on 24 August 1983 awarded him SMOS 83F10 with an effective date of 1 September 1983.

	c. A self-authored memorandum requesting correction to his DD Form 214 and a copy of his electronic Enlisted Record Brief dated 3 February 2005.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 26 August 1981.  He successfully completed basic combat and advanced individual training and was awarded Military Occupational Specialty (MOS) 75D (Personnel Records Specialist).  The highest rank he attained was sergeant first class/pay grade E-7. He retired on 30 April 2005 after serving 23 years, 8 months and 5 days continuously on active duty.

2.  The DD Form 214 issued at the time of the applicant's retirement discharge does not show award of the MSM in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized).

3.  The same DD Form 214 shows in Block 11 (Primary Specialty) "42A4O 00 Personnel Services Specialist--23 YRS-5MOS."  Block 11 does not show any additional MOS in which the applicant served for a year or more.

4.  A computer generated Enlisted Record Brief (ERB) obtained from the applicant's Official Military Personnel File on the Personnel Electronic Records Management System shows in Section VIII (Awards and Decorations) that he was not awarded the MSM; however, his electronic file does contain a copy of an MSM certificate identified by Permanent Order 021-157, dated 21 January 2005, published at Headquarters, 101st Airborne Division (Air Assault). 

5.  The applicant's ERB Section I (Assignment Information) shows his SMOS as 21L (formerly 83F), Printing and Bindery Specialist.  Section IX (Assignment Information) shows he consistently performed in the duty MOS 75D (Personnel Records Specialist) from 1 November 1981 through on or about 31 December 1998.  He served in duty MOS 11B40 (Group Training NCO) from on or about 1 January 1999 to on or about 11 September 2000.  He then resumed duties as a 42A (formerly 75D, Personnel Records Specialist) and then continued to serve until his retirement in MOS 42A (Human Resources NCO). 

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-1 states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 2-4h (11) states that all MOS served for a least one year should be entered in Block 11 of DD Form 214 with the MOS title and the number of years and months served in each MOS listed separately. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 issued on 30 April 2005 incorrectly shows his awards was carefully considered and determined to have merit.  The applicant's record shows conclusively that he was awarded the MSM on 21 January 2005 upon his retirement from the Regular Army; therefore, he is entitled to have his records corrected to show award of the MSM.

2.  The applicant contends that his DD Form 214 should show SMOS 83F (Binding and Printing Specialist).  The criterion to list an MOS on DD Form 214 is the Soldier must have served in the MOS for a period of at least one year.  The applicant's ERB does not show in Section IX (Assignment Information) that he served in MOS 83F for a period of one year.  Section IX (Assignment Information) does not show the applicant ever served in MOS 83F while on active duty during his extended period of enlistment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___LB___  ___MT __  __EF ___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the MSM.

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 documenting award of the SMOS 83F (Printing and Bindery Specialist).  




_____Larry Bergquist _______
          CHAIRPERSON




INDEX

CASE ID
AR20070003393
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070911
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
PARTIAL GRANT 
REVIEW AUTHORITY

ISSUES         1.
110.00
2.

3.

4.

5.

6.


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