RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 February 2008
	DOCKET NUMBER:  AR20070015660 


	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. Dean L. Turnbull

Analyst


The following members, a quorum, were present:


Mr. Richard T. Dunbar

Chairperson

Ms. Marla J. N. Troup

Member

Mr. David R. Gallagher

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, in effect, that Item 11 (Primary Specialty) and Item  
14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge) be corrected.  He also requests that his Army American Council on Education Registry Transcript System (AARTS) transcript be corrected to show that his pay grade is E-4 and his primary military occupation specialty (PMOS) is 91W (Health Care Specialist).

2.  The applicant states, in effect, that his discharge papers were rushed through so they were not completely updated.  His primary specialty should have been 91W, and his military education should state 2nd Class Navy Diver instead of U.S. Navy Scuba Diver.

3.  The applicant provides a copy of his DD Form 214, AARTS transcript, Certificate of Affiliation with the Army Medical Department Regiment, Certificate of Completion for the Emergency Medical Technician-Basic Course, Certificate of Completion for the Health Care Specialist Course, and another DD form 214 from the U.S. Navy for the period 2 June 1998 to 16 November 1999.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he entered active duty with the U.S. Navy on 2 June 1998.  He attended the Navy Diver Second Class Training during the period 13 November 1998 to 29 June 1999 and was awarded the military occupational specialty (MOS) 5343 (Diver Second Class).  His records show that he was separated from active duty on 16 November 1999.

2.  The applicant enlisted into the Regular Army on 27 June 2005.  He completed all the necessary training and was awarded the MOS 91W Health Care Specialist, which was later redesignated to MOS 68W Health Care Specialist.  The applicant received a hardship discharge which was characterized as honorable on 12 July 2006.

3.  Item 11 of his DD Form 214 shows the entry "09B1O Trainee, unassigned  
00 YRS 00 MOS."

4.  Item 14 of his DD Form 214 shows the entry "U.S. Navy Scuba Diver CR,  
17 Weeks, 2004."


5.  The AARTS's transcript shows that the applicant's pay grade was E-2 upon completion of his Health Care Specialist Course, which started on 6 September 2005 and ended on 13 January 2006.  His Certificate of Completion for the Health Care Specialist Course confirms that his pay grade was E-2 during that period.  While the applicant attended the Health Care Specialist Course, he held the MOS 21D (Diver).  

6.  A DA Form 4187 (Personnel Action) shows that the applicant was advanced to pay grade E-4 with an effective date of rank on 1 April 2006, which is  
4 months after the completion of his Health Care Specialist Course.

7.  The applicant is advised that to make any correction to his AARTS transcript, concerning his rank he must notify AARTS in writing with the proper documentation by mailing his request to the Manager (Research Dept.) AARTS Operations Center 298 Grant Avenue Fort Leavenworth, Kansas 66027-1254.  The applicant is required to exhaust all administrative remedies prior to this issue being considered by the Board; accordingly, there will be no further discussion of this issue.

8.  Headquarters, U.S. Army Medical Department Center and School and Fort Sam Houston, Texas Orders Number 041-275 dated 10 February 2006 shows that the applicant was assigned to the Student Detachment from 30 March  
2006 until he was separated from the Army on 12 July 2006.

9.  Army Regulation 635-5 (Separations Document) paragraph 2-4h (11), states, in pertinent part, that you enter from the Enlisted Record Brief (ERB) and Officer Record Brief (ORB) the titles of all MOS or Area of Concentration (AOC) for which the Soldier served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.

10.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 14, Military Education, will list formal in-service training courses 
successfully completed during this period of service.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that item 11 and Item 14 of his DD Form 214 should be corrected. 

2.  Army Regulation 635-5, paragraph 2-4h (11), states that you enter only the number of years and months served while on active duty in the MOS or AOC and must serve in the MOS or AOC at least 1 year.  You do not count time spent in basic combat training and advanced individual training.

3.  The applicant's records show the first day he served on active duty after completing his training for MOS 68W was 14 January 2006 and his separation date was 12 July 2006 (approximately 5 months and 29 days).  As such, item  
11 of his DD Form 214, is correct.  Therefore, he is not entitled to correction of item 11 of the DD Form 214.

4.  Army Regulation 635-5 states that you only list formal in-service training courses successfully completed in Item 14 during the period of service for which the training was completed.  The applicant's Diver Second Class training was completed before he entered the Army.  Therefore, no entries from the applicant's service in the U.S. Navy should be entered in this block.  

5.  While the entry in Item 14 of the applicant’s DD Form 214 is incorrect, the policy of ABCMR is not to correct a record in a manner which would make an applicant worst off.  As such; no correction of Item 14 of his DD Form 214 is directed.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RTD__  __DRG__  __MJNT__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case 
are insufficient as a basis for correction of the records of the individual concerned.



____Richard T. Dunbar____
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON

DATE BOARDED
2008/02/28
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.