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ARMY | BCMR | CY2008 | 20080007119
Original file (20080007119.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        04 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007119 


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:

	a.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his total time in service; and 

	b.  correction of Item 11 (Primary Specialty) of his DD Form 214 to include military occupational specialty (MOS) 21B (Combat Engineer).

2.  The applicant states that his DD Form 214 should reflect his total time in service as 15 years, 3 months, and 25 days.  He also contends that he served in MOS 21B.

3.  The applicant did not provide additional documentary evidence in support of this application.     

CONSIDERATION OF EVIDENCE:

1.  The applicant, a member of the South Carolina Army National Guard, served on active duty in support of Operation Iraqi Freedom from 15 July 2004 – 9 April 2005, a period of 8 months and 21 days.  He was issued a DD Form 214 for this period of active duty.



2.  A review of the applicant's official record and his Annual Retirement Statement shows that the DD Form 214 accurately reflects his total military service.  He is credited with 14 years, 3 months, and 18 days of total prior inactive service, and 3 months and 12 days of total prior active service.  

3.  Orders 239-901, State of South Carolina Military Department, Office of the Adjutant General, Columbia, South Carolina, dated 26 August 2004, awarded the applicant the primary MOS of 21B, and withdrew his primary MOS of 
13B (Cannon Crewmember), effective 1 August 2004.

4.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents (DD Form 214/5).  Item 11 lists the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's total military service is correctly shown on his DD Form 214.  Therefore, he is not entitled to any change.

2.  The applicant was awarded primary MOS of 21B on 1 August 2004, approximately 3 weeks after entering the period of service covered in the questioned DD Form 214.  Army regulations require that the MOS be served in for at least 1 year to be listed on the DD Form 214.  The applicant served on active duty for approximately 8 months in MOS 21B.  Therefore, he is not entitled to a change in his MOS on his DD Form 214 because he had not completed a year's service in MOS 21B prior to being released from active duty.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   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.




      ___        XXX                ___
                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)                                         AR20080007119



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ABCMR Record of Proceedings (cont)                                         AR20080007119



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