IN THE CASE OF:	

		BOARD DATE:	  19 February 2009

		DOCKET NUMBER:  AR20080016635 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct primary military occupational specialty (MOS), foreign service in Iraq, and his correct mailing address after separation. 

2.  The applicant states, in effect, that his DD Form 214 should be connected to show:

	a.  his MOS is 14J1P (Air Defense Tactical Operations Center Operator/Maintainer) instead of 14S1P (Avenger Crewmember); 

	b.  that he served in Iraq; and 

	c.  his correct mailing address after separation.

3.  The applicant provided a copy of his DD Form 214, dated 3 November 2006; and a copy of his Soldier Deployment History Outprocessing Report, dated 3 November 2006, in support of his request. 

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show he enlisted in the Regular Army for a period of 4 years on 20 January 2005.  He completed basic combat and advanced individual training at Fort Bliss, Texas.  However, the available evidence does not specifically show whether he was school trained in MOS 14S or MOS 14J.
2.  The applicant's records further show he completed the Basic Airborne Course at Fort Benning, Georgia, and his primary MOS was MOS 14J1P.  He was subsequently assigned to Headquarters and Headquarters Battery (HHB), 3rd Battalion, 4th Air Defense Artillery, Fort Bragg, North Carolina.  

3.  Section I (Assignment Data) of the applicant’s Enlisted Record Brief (ERB) shows his primary MOS as 14S.  However, Section IX (Assignment Information) of this same ERB shows he was assigned to HHB, 3rd Battalion, 4th Air Defense Artillery, on 27 October 2005, in MOS 14J and he was subsequently assigned to C Battery of the same battalion, on 20 January 2006, in MOS 14T (Patriot Launching Station Enhanced Operator/Maintainer).

4.  The applicant's records also show he was discharged on 3 November 2006 under the provisions of chapter 14 of Army Regulation 635-200 (Personnel Separations).  The DD Form 214 he was issued shows the following entries:

	a.  Item 11 (Primary Specialty) shows the entry "14S1P (Avenger Crewmember), 1 year and 5 months"; 

	b.  Item 12f (Foreign Service) of his DD Form 214 shows the entry             "000  00  00" indicating he did not complete any foreign service;

	c.  Item 18 (Remarks) of his DD Form 214 does not show any service in a Hostile Fire Pay/Imminent Danger Pay (HFP/IDP) area; and 

	d.  Item 19a (Mailing Address After Separation) shows a North Carolina address.

5.  The applicant submitted a copy of his Soldier Deployment History Outprocessing Report, dated 3 November 2006, showing he was scheduled for deployment for a contingency operation for a period of 364 days from 24 April 2006 to 23 April 2007.  

6.  An email from The Defense Finance and Accounting Service (DFAS), Indianapolis, Indiana, dated 4 February 2009, confirms that the applicant received HFP/IDP from 1 April 2006 to 31 August 2006. 

7.  HFP/IDP is a military entitlement paid for any month [emphasis added] in which a Soldier was entitled to basic pay and in which he/she was subject to hostile fire or explosion of hostile mines; on duty in an area in which he/she was in imminent danger of being exposed to hostile fire or explosion of hostile mines and in which, during the period he/she was on duty in that area, other members of the uniformed services were subject to hostile fire or explosion of hostile mines; killed, injured, or wounded by hostile fire, explosion of a hostile mine, or any other hostile action; or on duty in a foreign area in which he was subject to the threat of physical harm or imminent danger on the basis of civil insurrection, civil war, terrorism, or wartime conditions.  

8.  The applicant was contacted telephonically on three occasions at the number he indicated on his application; however, there was no response.

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this Regulation contains guidance on the preparation of the DD Form 214.  Item 11 of the DD Form 214 reflects the primary specialty.  This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served.  For an enlisted Soldier, this Item also specifies the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable or “O” when not applicable.  Item 18 (Remarks) of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available and as a continuation for selected entries. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of County Deployed) from (inclusive dates for example, YYYYMMDD – YYYMMDD).”  Item 19 shows the mailing address after separation and is provided by the Soldier.  This address must be a permanent address.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's MOS, there is no clear evidence in his records to show whether he was trained in and awarded MOS 14J or MOS 14S.  His records contain conflicting information regarding his MOS.  On one hand, it appears he was awarded primary MOS 14J1P upon completion of the Basic Airborne Course.  On the other hand, his ERB lists his MOS as 14S and he performed duties in MOS 14J and 14T.  In the absence of conclusive evidence (MOS orders) that shows he was awarded MOS 14J, there is insufficient evidence to correct the applicant's DD Form 214 in this case.

2.  With respect to the applicant's foreign service, the Soldier Deployment History Outprocessing Report submitted by the applicant shows the beginning date of his deployment as 24 April 2006 and the end date as 23 April 2007.  The applicant was discharged on 3 November 2006.  He could not have been deployed through 23 April 2007.  Additionally, his end date is inconsistent with his pay records that show he received IDP/HFP from 1 April 2006 to 31 August 2006.  The available evidence is inconsistent and insufficient to correct the applicant's foreign service.

3.  With respect to the applicant's mailing address after separation, this entry is provided by the Soldier to the official preparing the DD Form 214.  The applicant appears to have provided the permanent mailing address that is shown on his DD Form 214, he authenticated the DD Form 214 by placing his signature in the proper block.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant’s mailing address was correct at the time and there is an insufficient evidentiary basis for changing it.

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)                                         AR20080016635



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ABCMR Record of Proceedings (cont)                                         AR20080016635



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