IN THE CASE OF:	  

		BOARD DATE:	        04 DECEMBER 2008

		DOCKET NUMBER:  AR20080009466 


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, in effect, that item 11 (Primary Specialty [List number, title and years and months in specialty.  List additional specialty numbers and titles involving periods of one or more years]) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued on 31 March 2008, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show his primary specialty was 89E (Explosive Ordnance Disposal).  

2.  The applicant essentially states that his DD Form 214 shows his primary specialty was 91A (Maintenance and Munitions Materiel Officer).  He also states, in effect, that the United States Army Human Resources Command (USAHRC), St. Louis, Missouri listed his primary specialty as 91A in error, and that he tried to get this corrected several times.  He further states that the 75th Division submitted a DA Form 4187 (Personnel Action) to correct the USAHRC site, and that he has been an 89E officer since 1992, and a 74A (Chemical Officer) prior to that.  Additionally, he states that his records prove that he never had any training nor an assignment in the 91A career field, and requests that this error be corrected in case of any future call-ups/ assignments. 

3.  The applicant provides a DA Form 4187, dated 29 January 2008; his 
DD Forms 214 which covered his active duty service from 26 August 2007 to           31 March 2008, 29 November 2005 to 31 July 2007, from 26 August 1992 to           18 December 1992, from 21 November 1990 to 12 June 1991, from 5 October 1984 to 18 April 1985, and from 9 November 1979 to 22 March 1980; and information, dated 14 February 2008, derived from data in the Reserve Database Management System (RDMS) at the USAHRC, St. Louis, Missouri which shows that his primary mobilization area of concentration (AOC) at the time was 91A and that he did not have a secondary mobilization AOC, and a DA Form 2-1 (Personnel Qualification Record – Part II) which covered his service until his release from the Army National Guard in 1999 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show that he was appointed a Reserve commissioned officer on 23 September 1978.  He was appointed a second lieutenant in the Army National Guard effective 5 May 1979.  He entered active duty for training on 9 November 1979, completed the Chemical Officer Basic Course, which certified him in primary specialty 74A, and he was released from active duty for training on 
22 March 1980.  He attended the Explosive Ordnance Disposal Course from 1 April 1992 to 29 January 1993 and was awarded primary specialty 91E (Explosive Ordnance Disposal Officer).  He then served in duty specialty 91E with the 202nd Explosive Ordnance Disposal Detachment.  Specialty 91E was subsequently redesignated specialty 89E with the same duty title.

2.  On 15 October 1995, the applicant was discharged from the Georgia Army National Guard and was transferred to the United States Army Reserve (USAR) Control Group (Reinforcement).  It was noted that item 17 (Primary Military Occupational Specialty) of the NGB Form 22 (Report of Separation and Record of Service) that he was issued on 15 October 1995 showed that his primary specialty at the time was 91E.

3.  On 14 February 1996, the applicant was reassigned to the State Area Command (STARC), Georgia Army National Guard, Ellenwood, Georgia.  His next three officer evaluation reports (OERs) show that he served as a plans officer in a specialty immaterial position.  These three OERs also show that his designated specialty was 
91 (Ordnance).  His next two OERs show that his designated specialty was 91A and that he continued to serve as a Plans Officer in a specialty immaterial position.

4.  The applicant's annual OERs with ending periods of 6 January 2001, 6 January 2002, 6 January 2003, and 6 January 2004 essentially show that he served as Chief, Instructor Detachment and Chief of Operations in a specialty-immaterial duty positions with the Small Arms Readiness Group.  His OER for the period 7 January 2004 through 6 January 2005 was not in his military records, but his OER for the period 7 January 2005 through 30 September 2005 shows that he served as a Special Projects Officer in a specialty immaterial duty position with special emphasis towards safety, mobilization, and training issues.  It should be noted that none of the applicant's OERs from January 2001 through September 2005 show that he performed any duties closely resembling explosive ordnance disposal.  

5.  The applicant's OER for the period 1 October 2005 through 7 May 2006 essentially shows that he served as a Battalion Observer Controller/Trainer in a specialty immaterial duty position.  This OER also shows that his primary specialty was 91B (Maintenance Management Officer).  

6.  The applicant's OER for the period 8 May 2006 through 30 January 2007, which is the last OER in his official military personnel file as of 8 November 2008, essentially shows that he served as an Acting Branch Chief in a specialty immaterial duty position.  This OER also shows that his primary specialty was 91B.

7.  The applicant was ordered to active duty in support of Operation Enduring Freedom on 26 August 2007.

8.  The applicant provided a DA Form 4187, dated by both him and his company commander on 29 January 2008, which essentially shows that he requested that his primary specialty of 91A be withdrawn and that 89E be listed as his primary specialty.

9.  On 31 March 2008, the applicant was released from active duty.  Item 11 of his DD Form 214 shows that his primary specialty was 91A.  

10.  A query of information in the RDMS on 8 November 2008 shows that the applicant's primary mobilization area of concentration (AOC) is 90A (Logistics) and that he now has a secondary mobilization AOC of 89E.  It was noted that there was an entry which essentially shows that the applicant sent a copy of the 29 January 2008 DA Form 4187 to the USAHRC, St. Louis, Missouri. There is also an entry, dated 11 April 2008, from an official at the USAHRC which essentially stated that the RDMS was updated on that date to show 89E as the applicant's secondary mobilization AOC. 

11.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) provides, in pertinent part, that the designation of a branch for officers not on active duty will be accomplished by Director, Officer and Enlisted Personnel Management, United States Army Reserve Personnel Center (ARPERCEN), which is now called the USAHRC, St. Louis, Missouri.

12.  Information in Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) essentially shows that the primary specialty designation for an Explosive Ordnance Disposal Officer is 89E. 

13.  Army Regulation 635-5 (Separation Documents) provides guidance on preparing the DD Form 214.  For item 11, it provides that the titles of all AOCs served for at least 1 year will be entered, as will the number of years and months served.  For time determination, 16 days or more count as a month.  It also essentially states that training towards an AOC is not to be counted.

14.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 11 of his DD Form 214 should be corrected to show his primary specialty was 89E.

2.  The evidence clearly shows that the applicant completed the Explosive Ordnance Disposal Course in January 1993, and that he subsequently served with the 202nd Explosive Ordnance Disposal Detachment until he was discharged from the Georgia Army National Guard on 15 October 1995.  However, since then, the applicant did not serve in any explosive ordnance disposal positions, and the remainder of his military service was performed in specialty immaterial positions that did not involve him performing explosive ordnance disposal duties.  As the applicant did not serve in AOC 89E during the last 11-plus years of his service, it cannot be established that 89E was his primary specialty at the time of his release from active duty on 31 March 2008.  In view of the foregoing, there is no basis for correcting his DD Form 214 to show that 89E was his primary specialty.  However, he is entitled to correction of his DD Form 214 to show that he served in specialty 89E, as he served for at least 1 year in this specialty.  He is also entitled to correction of his DD Form 214 to show that he served in specialty 74, as he served as a Chemical Officer for more than 
1 year.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ___X_____  ____X____  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 amending item 11 of his DD Form 214, dated 31 March 2008, by adding:

	a.  "89E EXPLOSIVE ORDNANCE DISPOSAL – 02 YRS 09 MOS;" and

	b.  "74A CHEMICAL OFFICER – 12 YRS 10 MOS."

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 awarding amending item 11 of his 
DD Form 214, dated 31 March 2008, to show that his primary specialty was 89E.

3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _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)                                         AR20080009466



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ABCMR Record of Proceedings (cont)                                         AR20080009466



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