IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090007855 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in the following military occupational specialties (MOSs):

a. MOS 15E4O (Pershing Missile Crewman) for 12 years and 11 months; 

b. MOS 00R4O (Recruiter/Retention NCO) for 2 years; and 

c. MOS 94B4O (Food Service Specialist) for 3 years and 7 months.

2.  The applicant states, in effect, that his last MOS was as a food service specialist, which he held for 3 years.  He states that during a recent visit to his local Department of Veterans Affairs (VA) office he was told to carefully review his DD Form 214 to see if there were any errors.  During this review, he saw that his years spent as an artilleryman were not properly recorded on his DD Form 214. 

3.  The applicant provides, in support of his application, a copy of his DD Form 214 with a separation date of 30 April 1995.

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.  After serving in the Wisconsin Air National Guard as a food service helper, the applicant enlisted in the Regular Army on 7 June 1977.  He completed basic combat training at Fort Leonard Wood, MO and proceeded to Fort Sill, OK, on 1 July 1977, where he attended and completed the 8-week Pershing Missile Crewman specialist course.

3.  The U.S. Army Soldier Support Center at Fort Benjamin Harrison, IN issued Orders 195-9, on 13 July 1988.  The orders awarded the applicant his primary military occupational specialty (PMOS) 15E34 and withdrew PMOS 15E3O based on award of the U.S. Army Recruiter Badge.  The effective date of this order was 15 July 1988.

4.  U.S. Army Garrison at Fort Sheridan, IL issued Orders 26-5, on 7 February 1990, awarding the applicant the PMOS 00R3C; the secondary MOS 15E3O; and the additional MOS 94B3O.  The effective date of the MOS award was 
29 January 1990.  The Reclassification Control Number shown on this order was 560718. 

5.  The applicant's military personnel records contain two copies of DA Forms 2-1 (Personnel Qualification Record) with the first dated 22 November 1993 and the second dated 23 March 1995.  The applicant authenticated both forms.  Section II (Classification and Assignment Data—Military Occupational Specialties), dated 23 March 1995, shows the following entries:  MOS Code 15E (Pershing Missile Crewman), 10 August 1977; and MOS Code 94B (Food Service Specialist), dated 16 October 1973.  The second form, dated 23 March 1995, does not show a legible copy of the applicant's MOS codes and date of award. 

6.  The applicant's DA Form 2-1, Section VII (Current and Previous Assignments) shows he served as a Food Service Sergeant in duty MOS 94B4O from 10 February 1993 until his separation on 30 April 1995.

7.  Item 11 (Primary Specialty) of the DD Form 214 he was issued shows the entry "94B4O, Food Service Specialist, 17 years and 11 months//and 00R4O, Recruiter/Retention NCO, 6 years and 11 months."  Item 14 (Military Education) shows he completed the 8-week Pershing Missile Crewman Course in 1977 and the 4-week Pershing Missile Noncommissioned Officer Corps (NCO) course in 1985. 

8.  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.  This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 11 of the DD Form 214 reflects the primary specialty.  This Item contains titles of all MOSs in which a Soldier served for at least 1 year and includes each MOS, the number of years, and months served.  Item 14 shows the Soldier’s Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

9.  In similar cases a Transition Policy Analyst at the U.S. Army Human Resources Command (the proponent of Army Regulation 635-5) advised that for Regular Army enlisted Soldiers, item 11 of the DD Form 214 shows the MOS that was awarded, either by service school attendance or by orders awarding the MOS.   

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the required training for MOS 15E in August 1977 and that he held that MOS until his retirement.  Therefore, he is entitled to have his DD Form 214 corrected to show MOS 15E4O, Pershing Missile Crewman, 17 years, and 8 months.

2.  The evidence of record also shows the applicant was awarded the U.S. Army Basic Recruiter Badge, on 15 July 1988, which added a special skill identifier  "4" to his basic MOS of 15E3O.  Therefore, his MOS was 15E34.  On 29 January 1990, the applicant was awarded MOS 00R3C by permanent orders.  Therefore, he is entitled to have his record corrected to show MOS 00R4C, Recruiter/Retention NCO, 5 years and 3 months.



3.  Finally, the evidence of record shows the applicant's additional MOS was 94B4O which was also awarded on 29 January 1990.  Therefore, he is entitled to have his record corrected to show 94B40, Food Service Specialist, 5 years and 3 months.

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 of the individual concerned be corrected by amending his DD Form 214, dated 30 April 1995 by:

a. deleteing "94B4O, Food Service Specialist, 17 years and 
11 months//00R4O, Recruiter/Retention NCO, 6 years & 11 months"; 

	b.  adding MOS 15E4O, Pershing Missile Crewman, 17 years and 8 months;

	c.  adding MOS 00R4C, Recruiter/Retention NCO, 5 years and 3 months; and 

	d.  adding MOS 94B4O, Food Service Sergeant, 5 years and 3 months.





      _______ _  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)                                         AR20090007855



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ABCMR Record of Proceedings (cont)                                         AR20090007855



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