IN THE CASE OF:	  

		BOARD DATE:	       23 December 2008

		DOCKET NUMBER:  AR20080013061 


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 the following corrections to his records:

   a.  that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to his list military occupational specialty code (MOSC) as Automated Logistics Management for 13 years, 7 months, and 28 days; to include his post service association with The American Legion and the Veterans of Foreign Wars, and to show that he had no dental services provided prior to separation;
   
   b.  that his rank of sergeant first class (E-7) be restored; and 
   
   c.  that the CID (Criminal Investigation Command) [the abbreviation retains the "D" for the purpose of historical continuity when the Command was known as the Criminal Investigation Division] report be removed from his records.

2.  The applicant makes no statement other than to request the corrections.

3.  The applicant provides copies of an Army Discharge Review Board (ADRB) Case Report and Directive; a 1 August 1994 Certificate of Promotion; U.S. Total Army Personnel Command Order Number 90-24; two Certificates of Completion of military schools; U.S. Army Soldier Support Center, Fort Benjamin Harrison, Indiana, Orders 241-29; and membership cards from the Veterans of Foreign Wars and The American Legion.



CONSIDERATION OF EVIDENCE:

1.  Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-5, the regulation under which this Board operates, states that the Board will not consider any application if it determines that the applicant has not exhausted all administrative remedies available to him or her.

2.  Since the applicant has not provided and the record does not contain a copy of the CID report, the Board has no documentation to review and render a decision upon.  If the applicant wishes to determine if a CID report exists referencing him, he should contact the Commanding General, U.S. Army Criminal Investigation Command (USACIDC), Fort Belvoir, Virginia.  The USACIDC can advise him of any lesser administrative remedies available or any additional actions to be taken.  Since he has additional administrative remedies available, this aspect of the case will not be addressed further.

3.  The record shows that the applicant enlisted in the Army Reserve under the delayed entry program on 21 November 1981.

4.  He enlisted in the Regular Army on 3 June 1982, completed training, and    was awarded MOS 76V (Materiel Storage and Handling Specialist) on               30 September 1982.

5.  The applicant was advanced to specialist four on 29 September 1983, promoted to sergeant on 24 September 1985, and promoted to staff sergeant on 24 August 1989, all in MOS 76V.

6.  In 1993 the Army converted career management field (CMF) 76 to 92 and MOS 76V to 92A (Automated Logistics Specialist).

7.  On 1 August 1994, he was promoted to sergeant first class in MOSC 92A44.

8.  On 30 June 1995, the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 10, with a characterization of service of under other than honorable conditions.  In accordance with regulation he was reduced to the lowest enlisted pay grade E-1.  The record contains no documentation in reference to the chapter 10 proceedings.

9.  The DD Form 214 issued at this time lists his primary specialty in block 11 (Primary Specialty) as 92A14 Automated Logistics Specialist for 0 years and 0 months.  It also is marked "yes" at block 17 (Member Was Provided a Complete Dental Exam and All Appropriate Dental Services and Treatment Within 90 Days Prior to Separation) indicating the applicant had dental treatment within 90 days prior to separation.  The applicant signed the original DD Form 214.

10.  The applicant's service medical and dental records are believed to be on permanent loan to the Department of Veterans Affairs and are not available for Board review.

11.  On 7 December 2007, the ADRB reviewed the applicant's case, upgraded the characterization of his service, restored his rank, and made other related administrative actions.  A new DD Form 214 and a DD Form 215 (Correction of the DD Form 214) were issued and forwarded to the applicant on 8 April 2008.

12.  Army Regulation 15–185, paragraph 2–9, states that the ABCMR operates under the standard of presumption of regularity in governmental affairs.  This standard states, in effect, that in the absence of evidence to the contrary, we presume that all actions taken by the military were proper.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty (emphasis added), retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.

14.  Army Regulation 611-1 (Military Occupational Classification Structure Development and Implementation) prescribes the policies and responsibilities for developing, maintaining, evaluating, and revising of the military occupational specialty classification and structure.  In pertinent part, as then in effect, it stated the following:

	a.  the MOSC contains five characters and provides more specific occupational identity than the MOS alone.  The MOSC is used to classify both personnel and positions in authorization documents.  The elements of the MOSC are as follows:

		(1)  the first three characters are a three-character numeric-alpha combination that identifies the MOS without regard to level of skill.  The first two characters relate to the CMF and the third specifies the specific area within that CMF;

		(2)  the fourth character is a number showing skill and grade level in the MOS;

		(3)  the fifth character may be a letter or a number that reflects any special qualification identifiers (SQI), common to a number of positions and MOS.  DA Pamphlet 611-21 (Military Occupational Classification and Structure) describes authorized SQI codes; and 

		(4)  changes to the MOSC may occur to reflect technological developments, changes in doctrine, force structure, functions, missions, or to correct performance deficiencies.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in an official MOS, originally denoted as 76V and later converted to 92A, from 30 September 1982 to the date of his discharge, for a period of 11 years and 9 months.

2.  The fourth character of the MOSC denotes a Soldier's grade within the MOSC.  With his reduction to pay grade E-1, the fourth character of his MOSC, a "1," was proper.  With the restitution of his rank to E-7, the fourth character should also be restored to a "4."

3.  Therefore, block 11 of the applicant's DD Form 214 should be corrected to read 92A44 Automated Logistics Specialist for 11 years and 9 months.

4.  Since the ADRB has already restored the applicant's rank this issue is moot and will not be further addressed.

5.  Without access to the applicant's service medical and dental records, there is a presumption that the entry in block 17 is correct.  In order to justify correction of this entry the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

6.  There is no provision for adding post service information to a DD Form 214.  Therefore, showing that the applicant is a member of The American Legion and the Veterans of Foreign Wars is not appropriate.
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 correcting block 11 of the applicant's DD Form 214 to read service in 92A44 Automated Logistics Specialist for 11 years and 9 months.

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 dental care designation and post service activities.




      _________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)                                         AR20080013061



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ABCMR Record of Proceedings (cont)                                         AR20080013061



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