IN THE CASE OF:
BOARD DATE: 2 October 2008
DOCKET NUMBER: AR20080013077
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, reconsideration of the Board's denial of his request to add his secondary military occupational specialty (SMOS) 11Z5P (Infantry Senior Sergeant) to Item 11 (Primary Specialty) of his 10 September 2006 separation document (DD Form 214).
2. The applicant states, in effect, that his SMOS of 11B should be added to Item
11 of his DD Form 214.
3. The applicant provides a copy of Headquarters, 82nd Airborne Division Special orders Number 16 dated 22 January 1975 and Headquarters,
82nd Airborne Division Orders Number 72-105 dated 15 April 1981, in support of his application.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070009292, on 20 November 2007.
2. In its original decision the ABCMR found that the applicant did not provide any evidence to show he served in SMOS 11Z5P during his recall period of service, which was 3 January 2005 to 10 September 2006. As such, there was no basis to support granting the requested relief.
3. The applicant has provided new evidence which requires that his case be reconsidered by the ABCMR.
4. The applicant submitted a copy of Headquarters, 82nd Airborne Division Special Orders Number 16 dated 22 January 1975, that shows he was awarded SMOS 11B4P effective 8 December 1975.
5. Army Regulation 635-5 provides, in pertinent part, for the entry of the titles of all MOSs served in for at least 1 year in item 11 of the DD Form 214 and include for each MOS the number of years and months served.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration of the denial of his previous request to correct Item 11 of his DD Form 214 to show he served as 11Z5P during his recall period ending 10 September 2006.
2. The orders which the applicant provided as new evidence pertain to his earlier period of active duty, not the period of active duty in question.
3. The new evidence that the applicant provided does not show he served in MOS 11Z5P for at lease 1 year during his period of active duty ending
10 September 2006. Therefore, he is not entitled to correction to Item 11 of his DD Form 214 to show MOS 11Z5P.
4. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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 to amend the decision of the ABCMR set forth in Docket Number AR20070009292, dated 20 November 2007.
_________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) AR20080013077
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ABCMR Record of Proceedings (cont) AR20080013077
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