IN THE CASE OF:
BOARD DATE: 22 July 2008
DOCKET NUMBER: AR20080006131
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) to show all of her reenlistments and that she never held military occupational specialty (MOS) 94B (Food Service).
2. The applicant states that she was retired due to a physical disability and did not notice until she became unemployed that her DD Form 214 contained errors.
3. The applicant provides copies of her DD Form 214 and retirement certificate.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 25 October 1977, the applicant enlisted in the Regular Army. She completed her initial training and was awarded MOS 71L (Administrative Specialist). She served through a series of assignments both in the United States and overseas. She attained the rank of staff sergeant, pay grade E-6 on
3 April 1986.
3. The applicant reenlisted on 9 October 1981; 31 July 1984; and again on
12 March 1990, which was for a 4 year period ending on 11 March 1994.
4. Item 4 (Assignment Considerations) of her Personnel Qualification Record Part II (DA Form 2-1) shows that Headquarters, Department of the Army, in a memorandum dated 15 January 1992, denied the applicant any further reenlistments. Item 4 also shows that the applicant suffered from a bilateral knee dysfunction that limited her ability to run.
5. On 1 December 1992, the applicant was retired due to a physical disability. She had completed 15 years, 1 month, and 7 days of creditable active duty.
6. Item 11 (Primary Specialty) of the applicants DD Form 214 shows that she held MOS 71L for 14 years and 10 months; and MOS 94B for 6 years and
7 months. Item 18 (Remarks) of the applicants DD Form 214 shows the following reenlistment periods: 771025-811008; 811009-840730; and 840731-900311. It does not show her last reenlistment period of 900312-940311. This item also states that the applicant was extended at the request and for the convenience of the government.
7. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, that enlisted Soldiers with more than one enlistment period during the time covered by the DD Form 214 will have the dates of each reenlistment entered in Item 18, Remarks.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted in the Regular Army and was awarded MOS 71L and that she held this MOS until her retirement on 1 December 1992. However, there is no evidence to show that she was ever trained as a food service specialist or that she was ever awarded the corresponding MOS of 94B. Therefore, this MOS should be deleted from Item
11 of her DD Form 214.
2. The evidence clearly shows that the applicant enlisted in the Regular Army on 25 October 1977 and subsequently reenlisted three more times. Therefore her DD Form 214 should be corrected to show her last reenlistment of 900312 through 11 March 1994.
3. There is no substantiating evidence of record corroborating the entry on the applicant's DD Form 214 showing that she was ever extended for the convenience of the government. Therefore this entry should be deleted from Item 18, Remarks, of her DD Form 214.
BOARD VOTE:
___X____ ___X____ ___X___ 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 Department of the Army records of the individual concerned, and in particularly her DD Form 214, be corrected by:
a. deleting from Item 11: 94B3O Food Service Sergeant6 Years and
7 months;
b. adding to Item 18: Reenlistment this period: 900312-940311; and
c. deleting from Item 18: Extension of service was at the request and for the convenience of the government.
__________ _ X _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080006131
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2004 | 2004107112C070208
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 5 March 1992 be corrected to show her military occupational specialty (MOS) was "MOS 91A (Medical Specialist) versus 94B (Food Service Specialist)." The applicant states, in effect, that on 28 March 1985, she completed the Combat Medical Specialist Course and she performed the duties associated with this MOS while assigned to the 6253rd United States Army Hospital until...
ARMY | BCMR | CY2009 | 20090010781
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of the Army Commendation Medal and the Army Achievement Medal, and that she possessed secondary military occupational specialty (MOS) 71L (Administrative Specialist). The applicant essentially states she was not aware of the importance of having awards and her secondary MOS listed on her DD Form 214 at the time of her release from active duty on 10...
ARMY | BCMR | CY2004 | 04103567C070208
In effect, the applicant requests that her records be corrected to show that she was entitled to the $10,000.00 loan repayment incentive as depicted in her 24 November 1992 reenlistment contract. Notwithstanding the fact that her MOS was ineligible for the SLRP incentive, the applicant reenlisted in the Army for 6 years and contracted to serve in MOS 94B with the understanding that she was entitled to a maximum of $10,000.00 in loan repayments. Therefore, and notwithstanding the advisory...
ARMY | BCMR | CY2011 | 20110009860
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal and to show she attended schooling for food service instead of law enforcement. There is no evidence of record and she did not provide any evidence that shows she was awarded the Army Achievement Medal during her period of service. Therefore, her DD Form 214 should be corrected to show she completed the Food Service Specialist Course...
ARMY | BCMR | CY2008 | 20080015994
The applicant requests correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) ending on 14 February 1991, to show her service during Desert Shield/Desert Storm. The applicant states, in effect, that she served in support of Desert Shield/Desert Storm from 27 August to November 1990; however, her DD Form 214 does not contain a record of this service. Item 12 (Record of Service) of the applicant's DD Form 214 ending on 14 February 1991 shows her foreign service...
ARMY | BCMR | CY2011 | 20110003454
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she was awarded the Army Commendation Medal (2nd Award) and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16). There is no evidence of record and the applicant did not provide any evidence that shows she was awarded a second award of the Army Commendation Medal. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2010 | 20100010005
This MOS later became MOS 42L. Army Regulation 635-5 states only MOS served for at least 1 year will be entered in Item 11 of the DD Form 214. Therefore, MOS 42L5O should be added to the applicant's DD Form 214.
ARMY | BCMR | CY2012 | 20120020345
The applicant provides: * DA Form 2A (Personnel Qualification Record Part I) * Memorandum, dated 23 February 2004, authorizing award of the Joint Meritorious Unit Award to the 541st Corps Support Battalion, Fort Riley, KS, with a list of names * List of units * Memorandum, dated 19 January 1996, listing Soldiers assigned to the 1st Maintenance Company, deployed to Guantanamo Bay, Cuba * Memorandum, dated 4 January 1996, Subject: Humanitarian Service Medal * Email, dated 23 May 2000,...
ARMY | BCMR | CY2013 | 20130021036
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the: * Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) * Valorous Unit Award (VUA) * All other awards he may be entitled to * Correct date of Food Service Course to August 1990 vice November 1990 2. A certificate, dated 13 December 1992, contained in the applicant's official military personnel file (OMPF), awarded him the AAM for meritorious...
ARMY | BCMR | CY2011 | 20110008654