IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080012200
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 that his secondary military occupational specialty (SMOS) of 91B (Medical Specialist) be added to his separation document, DD Form 214.
2. The applicant states that he didnt have a copy of his Medical Specialist Course Diploma when he was issued his DD Form 214.
3. The applicant provides his Medical Specialist Course Diploma and his DD Form 214, in support of his application.
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. The applicants military records show that he enlisted in the Regular Army on 16 October 1996, was awarded the military occupational specialty of Pharmacy Specialist, and was promoted to pay grade E-5.
3. The applicant was honorably released from active duty on 19 July 2004. His DD Form 214 shows the MOS of 91Q, Pharmacy Specialist, and that he served in this specialty for 7 years. His DD Form 214 does not list the MOS of 91B, Medical Specialist.
4. Army Regulation 635-5 (Separation Documents) provides, in pertinent part, for the entry of all MOSs served in for at least 1 year in item 11 of the DD Form 214, to include for each MOS the number of years and months served. For time determination 16 days or more count as a month. Time spent in basic training and advanced individual training are not counted.
DISCUSSION AND CONCLUSIONS:
1. While the applicant completed Medical Specialist schooling, he has not submitted any documentation to show that he served in that MOS for at least a year, which is required by Army Regulation 635-5 for that MOS to be entered on his DD Form 214.
2. To the contrary, the applicant could not have served a year in MOS 91B. His DD Form 214 shows that he served as a Pharmacy Specialist for 7 years and the applicant only had 7 years, 9 months, and 4 days of active duty service, less the time spent in basic and advanced individual.
3. In view of the foregoing, there is no basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X___ 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.
__________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) AR20080012200
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080012200
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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