IN THE CASE OF:	

		BOARD DATE:	20 August 2009    

		DOCKET NUMBER:  AR20090002354 


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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 2008 be corrected to show his total foreign service credit and correct military occupational specialty (MOS).

2.  The applicant states, in effect, that his total foreign service credit should be 4 years and 6 months.  He also states his dates for his service in Kuwait were taken from a military award order which was incorrect and that he served as a guidance counselor not just a recruiter. 

3.  The applicant provides the following copies in support of his application: his DD Form 214; Enlisted Record Brief, dated 6 February 2009; a Noncommissioned Officer Evaluation Report for the period ending June 1994; and an award order, dated 3 September 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 October 1986.  He successfully completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic).  

2.  The applicant was awarded the Army Commendation Medal by Permanent Orders Number 05-136 for his meritorious achievement in combat operations from 17 January 1991 to 28 February 1991 in support of Operation Desert Storm. 
3.  On 31 October 2008, the applicant was honorably retired.  The DD Form 214 he was issued shows he completed 22 years and 25 days of active federal service.  

4.  Item 11 (Primary Specialty) of the applicant's DD Form 214 shows he served in MOS 63B2O (Wheeled Vehicle Mechanic) for 10 years and 3 months and MOS 79R5O (Recruiter) for 11 years and 10 months.  

5.  Item 12f (Record of Service - Foreign Service) of the applicant's DD Form 214 shows his foreign service credit was 3 years, 9 months, and 25 days.  Item 18 (Remarks) of his DD Form 214 shows that he served in an imminent danger pay area, the country of Kuwait, from 17 January 1991 to 28 February 1991. 

6.  In connection with the processing of this case, a member of the Board’s staff reviewed the Operation Desert Shield/Storm Personnel Roster.  This search confirms the applicant served in Southwest Asia (SWA) and performed duties in MOS 63B during the period 1 January 1991 to on or about 1 May 1991. 

7.  There are no deployment orders, redeployment orders, or temporary change of station orders available in the applicant's Official Military Personnel File showing when he was ordered into Kuwait and when he returned to his permanent duty station.  

8.  The applicant's ERB shows the following overseas assignment history within Section I (Overseas/Deployment Combat Duty):

	a.  Germany, from 28 April 1987 to 22 April 1989, 24 months;

	b.  Germany, from 6 November 1990 to 4 September 1991, 11 months; and 

	c.  Korea, from 13 September 1993 to 13 September 1994, 12 months.

9.  The ERB does not calculate the total number of years, months or days served in a foreign service area.  By adding the three overseas service tours, the applicant per his ERB served 3 years and 11 months overseas.  His ERB did not show his deployment to a designated combat area of operations where he was entitled to imminent danger pay. 

10.  Section IX (Assignment Information) of the applicant's ERB shows the following overseas assignment history:

	a.  25th Chemical Company, Germany, from 4 May 1987 to on or about 2 June 1989;
	
	b.  7th Battalion, 6th Infantry, Germany, from 9 October 1990 to on or about 8 January 1993; and 

	c.  41st Signal Detachment, Korea, from 2 December 1993 to on or about 30 December 1994.

11.  Army Regulation 635-5 (Separation Documents) states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty providing a brief, clear-cut active duty service at the time a Soldier is released from active duty, discharged or retired.  The source documents used to develop the Soldier's DD Form 214 are the ERB, the separation order, and any other document authorized for filing in the Soldier's Official Military Personnel File.   

12.  Army Regulation 635-5 states, in pertinent part, that the enlisted Soldier's primary specialty will be specified by the first 5 characters of their primary MOS code, which include 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.  For time determination, 16 days or more count as a month.

13.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) provides guidance on the selection of enlisted Soldier for assignment, utilization, reclassification, detail, transfer, and training as implemented by Department of Defense Instructions 1315.18.  In pertinent part, the guidance states that additional skill identifiers (ASI) are the sixth and seventh characters of the MOS code.  The ASI identifies skills that require formal school training or other criteria.  An ASI is associated with a specific MOS.  When a Soldier is not qualified for an ASI, the MOS code will contain "00" as the sixth and seventh characters. 

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record, the applicant's first five characters of his MOS code 79R5O is properly recorded on his DD Form 214.  Guidance directs that only the first five characters of a Soldier's MOS code will be entered on their DD Form 214.  Additional skill identifiers identified in the sixth and seventh character of the MOS code are not to be recorded on a DD Form 214.  

2.  Permanent orders are source documents used to prepare a DD Form 214.  The applicant was awarded the Army Commendation Medal by permanent orders for his service in Kuwait from 17 January 1991 to 28 February 1991.  Therefore, the applicant's DD Form 214, item 18 properly shows his imminent danger pay area as Kuwait with dates of service from 17 January 1991 to 28 February 1991.   

3.  Based on the evidence of record, specifically the applicant's ERB, the dates of his foreign service as recorded are inconsistent between Section I (Assignment Information-OS/Deployment Duty) and Section IX (Assignment Information).  Therefore, without specific permanent change of station orders, deployment orders, or installation clearance records the applicant's foreign service as recorded on his DD Form 214 is presumed to be correct. 

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed. 

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)                                         AR20090002354



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ABCMR Record of Proceedings (cont)                                         AR20090002354



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