IN THE CASE OF:	  

		BOARD DATE:	       11 December 2008

		DOCKET NUMBER:  AR20080013461 


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 official records be changed to show that his primary or secondary military occupational specialty (MOS) is 254A (Signal Systems Support Technician).

2.  The applicant states that his personnel manager at the Human Resources Command (HRC), St. Louis, did not have a copy of MILPER Message 03-123, dated 1 April 2003, that awarded him MOS 254A, at the time of the change and the change was never made to his official record.  He contends he has worked in MOS 254A for the past 8 years.

3.  The applicant provides a copy of MILPER Message 03-123, a copy of his DA Form 4187 (Personnel Action) requesting a change in MOS, copies of his Officer Evaluation Reports (OERs) showing his designated specialty as 254A, and a copy of electronic mail (e-mail) traffic he maintained with HRC-St. Louis.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a chief warrant officer four (CW4) in the U.S. Army Reserve (USAR) who is on active duty as a member of the Active Guard Reserve Program.  His official records show that his MOS is 250N (Network Management Technician).

2.  MILPER Message 03-123, DTG (Date Time Group) 011421Z April 03, subject:  FY 04 Warrant Officer Military Occupational Classification and Structure Personnel Reclassification Actions, stated that all warrant officers classified in 250N in grades W1-W4 who currently perform communications security (COMSEC) duties and functions will be reclassified to MOS 254N in current grade.  This message expired on 1 November 2005.

3.  The applicant provided copies of his OERs for the periods 1 August 2003 – 31 July 2004, 1 August 2004 – 26 February 2005, and 26 March 2005 – 10 September 2005 showing that he performed duties as the supervisor for the Communications Security Material Direct Support Activity, 99th Regional Readiness Command.

4.  In an e-mail to HRC-St. Louis, dated 27 August 2004, the applicant inquired whether he could request a "254 school at Fort Gordon, Georgia," since he was a 250N sitting in a 254A position.  On 27 August 2004, the applicant was advised that before he could attend a 254A school, he must be approved by the proponent (Signal Corps (SC)) to reclassify to that MOS and once that was approved he could be sent to school.  However, he first had to submit a reclassification packet.  There is no evidence available showing that the applicant initiated a reclassification request at that time.

5.  A review of the applicant's Soldier Management System (SMS) transactions with HRC-St. Louis show that on 3 May 2007, HRC-St. Louis received a reclassification determination from the SC proponent determining that the applicant was not qualified for reclassification to MOS 254A because he was not MOS qualified for the current position.  The reasons the SC proponent determined the applicant was not qualified in MOS 254A are unknown.  The applicant and his unit were notified of this decision and that he would be realigned to a 250N position in his primary MOS.

6.  On 7 August 2008, the applicant submitted a DA Form 4187 requesting that his primary MOS be changed to 254A based on MILPER Message 03-123 which authorized the change.

7.  On 22 August 2008, HRC-St. Louis received the applicant's request and notified him that the referenced message had expired on 1 November 2005.  In an SMS note, HRC-St. Louis noted that the applicant had previously requested a change in his MOS and if it were not the fault of the Soldier that the MOS was not awarded within the reclassification window of 1 May – 31 August 2004, he could submit a request to the Army Board for Correction of Military Records to change his MOS.

8.  In the processing this case, an advisory opinion was obtained on 17 November 2008 from the Army Reserve Signal Corps Warrant Officer Career Manager who indicated that the applicant is currently serving on active duty in the Army Reserve Active Guard Reserve program.  She also indicated that the AGR program is experiencing a shortage of qualified 254A technicians and would benefit from the applicant's senior knowledge in this critical field.  She recommended approval of the applicant's request for transfer to MOS 254A.

9.  On 18 November 2008, the advisory opinion was forwarded to the applicant for comment and/or rebuttal.  On 18 November 2008, the applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  It appears the applicant was in a 254A duty position when MILPER Message 03-123 (April 2003) announced the reclassification of warrant officers who were in COMSEC positions from MOS 250N to MOS 254A.  This message authorized that those warrant officers who were occupying COMSEC positions be administratively reclassified to MOS 254A.  The message expired on 1 November 2005.

2.  On 27 August 2004, the applicant contacted HRC-St. Louis and advised them that he was a "250N sitting in a 254A position" and asked whether he could submit a DA Form 4187 (Personnel Action) requesting attendance at a 254A school at Fort Gordon.  Presumably his request was based on the knowledge gleaned from the MILPER message released in April 2003 regarding his eligibility to be administratively reclassified.  At that time, he should have been advised that he was eligible for automatic administrative reclassification based on the MILPER message.  For unknown reasons, the applicant was not administratively reclassified at that time even though his OERs show he was in a 254A duty position.

3.  In processing this case an advisory opinion was obtained from the Reserve Signal Corps Warrant Officer Career Manager who indicates that the AGR program is experiencing a shortage of qualified 254A technicians and would benefit from the applicant's senior knowledge in this critical field.  She recommends approval of the applicant's request for transfer to MOS 254A.  She did not address the issue of why the applicant was not automatically reclassified in accordance with the MILPER message in 2004.

4.  Given the above, it would now be in the interests of justice to change the applicant's primary MOS on his official record to show 254A with an effective date of 1 October 2005.



BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records pertaining to the individual concerned be corrected by changing the applicant's primary MOS on his official record to 254A effective 1 October 2005.


																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)                                         AR20080013461



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ABCMR Record of Proceedings (cont)                                         AR20080013461



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