IN THE CASE OF:	  

		BOARD DATE:	  27 January 2009

		DOCKET NUMBER:  AR20080017771 


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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 11 (Primary Specialty) to add the military occupational specialty (MOS) 97B.

2.  The applicant states, in effect, that Item 11 currently lists her primary specialty as "None" and her MOS of 97B was never listed.  She also states that she completed the Counterintelligence Agent course and has operated as a counterintelligence agent for the Department of the Army as a civilian (MICECP) [Military Intelligence Civilian Excepted Career Program]).  She believes the oversight occurred because during her transition from the Army she was simultaneously going through medical board proceedings.  She currently teaches at the Counterintelligence School, Fort Huachuca, Arizona, and requires the amended DD Form 214 to avoid confusion regarding her certification.  This correction was not required for her employment as a counterintelligence agent (MICECP) from 2004 to present.

3.  In support of her application, the applicant provides copies of her Counterintelligence Agent Course diploma and DD Form 214. 

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records show she enlisted in the United States Army Reserve on 29 July 2002.  She enlisted in the Regular Army, in pay grade E-4, on 25 November 2002.  Her Statement for Enlistment United States Army Enlistment Program (DA Form 3286-59) shows she enlisted for training of choice in MOS 97B, Counterintelligence Agent.  

3.  The applicant submits a copy of her Counterintelligence Agent Course diploma showing she attended the course from 25 March through 31 July 2003 and completed it on 31 July 2003.  

4.  The applicant's DA Form 2-1 (Personnel Qualification Record), Section II – Classification and Assignment Data, Item 6 (MOS) does not show she was awarded an MOS.  Item 17 (Civilian Education and Military Schools) shows she did not complete the 18-week Counterintelligence Agent course.  Item 35 (Record of Assignments) shows she completed basic combat training and was enrolled as a student on 18 February 2003 for advanced individual training.  No additional entries were made on her DA Form 2-1. 

5.  On 3 March 2004, a Medical Evaluation Board (MEB) convened and considered the applicant's condition of episodic disequilibrium with probable endolymphatic hydrops.  They also considered additional diagnoses which did not cause her to fall below retention standards, which included:  migraine headaches and iliotibial band syndrome.  The MEB recommended the applicant be referred to a Physical Evaluation Board (PEB).  On 12 March 2004, an informal PEB convened and considered the applicant's condition.  The PEB found the applicant's condition unfitting with a rating of 10 percent and recommended  separation with severance pay.  On 16 March 2004, she concurred with the PEB's findings and recommendation.




6.  The applicant was honorably discharged from active duty, in pay grade E-4, on 23 April 2004, for a physical disability.

7.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214 and provides, in pertinent part, that the information for Item 11 is taken from the Enlisted Record Brief/Officer Record Brief and that item 11 will include the titles of all MOS or areas of concentration (AOC) awarded and served for at least 1 year and include for each MOS/AOC the number of years and months served.  Basic training and advanced individual training will not be counted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Item 11 of her DD Form 214 should reflect MOS 97B, Counterintelligence Agent.  However, the preponderance of the evidence of record shows the applicant was in a student capacity and did not complete the required course for award of MOS 97B prior to her discharge for physical disability.  It is noted that course completion certificates/diplomas are often prepared well before graduation date.  Therefore, there is insufficient evidence to show she was ever awarded or served in MOS 97B.  Neither the evidence submitted with the application nor the evidence of record supports her request.  The applicant is therefore not entitled to correction of Item 11 of her DD Form 214.  

2.  In order to justify correction of a military record 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.

3.  In view of the foregoing, there is no basis for granting the applicant's 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)                                         AR20080017771



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ABCMR Record of Proceedings (cont)                                         AR20080017771


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