RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2007
DOCKET NUMBER: AR20070005040
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. Mohammed R. Elhaj
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Chester A. Damian
Member
Mr. Edward E. Montgomery
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 primary specialty on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from 151AO (Aviation Maintenance Technician) to 153AO (Rotary Wing Aviator)
2. The applicant states the incorrect entry was due to an administrative error.
3. The applicant provided a copy of his DD Form 214 and a copy of his DA Form 1059 (Service Academic Evaluation Report) in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows that he enlisted in the Illinois Army National Guard (ILARNG) on 20 July 2000. Subsequent to his enlisted service in the ILARNG, on 15 May 2004, the applicant applied for Federal recognition as a warrant officer, MOS 154CO (Aviation), in the ILARNG.
2. On 12 July 2004, the applicant accepted appointment as a warrant officer/pay grade W-1 in the ILARNG, executed an Oath of Office, and was granted temporary Federal Recognition.
3. On 16 August 2004, the applicant was ordered to active duty for training (ADT) with a report date of 17 August 2004 to attend the Warrant Officer Candidate School.
4. On 10 September 2004, The Adjutant General, State of Illinois, requested the National Guard Bureau extend Federal Recognition to the applicant and appointed him as a warrant officer in MOS 153BO, effective 5 October 2004.
5. On 5 October 2004, the applicant completed the Warrant Officer Candidate Course.
6. National Guard Bureau Federal Recognition Orders Number 278 AR, dated 3 November 2004, awarded the applicant permanent Federal Recognition for initial appointment to the grade of warrant officer/pay grade W-1, effective 5 October 2004.
7. On 11 August 2005, the applicant completed the resident Aviation Warrant Officer Basic Course at Fort Rucker, Alabama. The DA Form 1059 he was issued stated his Specialty/MOS as 153A.
8. On 17 August 2005, the applicant was honorably released from active duty by reason of completion of period of active duty training. The DD Form 214 he was issued confirms that his primary specialty was 151AO.
9. On 26 October 2004, the State of Illinois, Department of Military Affairs, published Orders Number 299-092, awarding the applicant primary MOS 153AO and withdrawing primary MOS 001AO effective 11 August 2005, under the authority of National Guard Regulation 600-101 (Warrant Officers, Federal Recognition and Personnel Action) and confirmation of the verbal orders of the Adjutant General of Illinois on 11 August 2005.
10. On 8 December 2006, the State of Illinois, Department of Military Affairs, published Orders Number 342-082, awarding the applicant primary MOS 153A and withdrawing primary MOS 154C effective 14 July 2006, under the authority of National Guard Regulation 600-101 and confirmation of the verbal orders of the Adjutant General of Illinois on 14 July 2006.
11. On 11 December 2006, a Federal Recognition Board was held by the ILARNG to determine if the applicant was qualified to be awarded Federal Recognition. The proceedings, which show the applicant's MOS as 154C, indicated that the applicant was satisfactory in his physical qualifications, moral character and general qualifications.
12. National Guard Bureau Federal Recognition Orders Number 323 AR, dated 22 December 2006, awarded the applicant permanent Federal Recognition for change of MOS from 154CO to 153CO effective 28 July 2006.
13. Army Regulation 635-5 (Separations Documents) governs the preparation of the DD Form 214. This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training. It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 11 of the DD Form 214 will list the title of all MOS from the Enlisted/Officer Records Brief served at least 1 year and includes for each MOS the number of years and months served. The 4-character MOS and a fifth character Skill Qualification Identifier (SQI) is entered for warrant officers (the letter O is entered if the warrant officer does not have an SQI) with the appropriate title and time in specialty. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training.
14. Section I of Army Regulation 635-5 states, in pertinent part, that the DD Form 214 will be prepared for Reserve Component (RC) Soldiers completing 90 days or more of continuous duty for training (ADT), Full-Time National Guard Duty (FTNGD), active duty for special work (ADSW), temporary tour of active duty (TTAD), or Active Guard Reserve (AGR) service. The DD Form 214 will also be issued to RC Soldiers separated for cause or physical disability, mobilized, or when completing initial ADT that results in the award of a military occupation specialty (MOS) even when the period is less than 90 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his primary specialty as 153AO instead of 151AO.
2. Evidence of record shows that the applicant completed the Rotary Wing Aviation MOS 153AO prior to the date his DD Form 214 was issued. The DA Form 1059 shows that upon completion of training, he was awarded MOS 153AO. Therefore, the applicant is entitled to correction of his records to show MOS 153AO on his DD Form 214.
BOARD VOTE:
___rtd__ __cad___ __eem___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all recommends that all Department of the Army records of the individual concerned be corrected to show his primary specialty as 153AO (Rotary Wing Aviator).
Richard T. Dunbar
______________________
CHAIRPERSON
INDEX
CASE ID
AR20070005040
SUFFIX
RECON
DATE BOARDED
20070927
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(GRANT)
REVIEW AUTHORITY
ISSUES 1.
100.0500
2.
3.
4.
5.
6.
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