BOARD DATE: 17 November 2009
DOCKET NUMBER: AR20090007923
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:
a. her military occupational specialty (MOS) on her DA Form 5011-R (Training Evaluation Summary) be corrected to show MOS 91B1O vice MOS 91A1O; and
b. her rank on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show specialist (SPC/E-4) vice private (PVT/E-1).
2. The applicant states she wants proper recognition of her service.
3. The applicant provides:
a. a copy of her DD Form 214;
b. a page from her DA Form 20 (Enlisted Qualification Record);
c. Orders D-09-075935, U.S. Army Reserve (USAR) Personnel Center, St. Louis, MO, dated 30 September 1988;
d. a Reserve Components Primary Leadership Development Course Diploma; and
e. a DA Form 5011-R and MOS 91A Skill Qualification Test (SQT).
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 enlisted in the USAR for 6 years and training in MOS 91B. She entered on active duty for training (ADT) on 17 August 1982 and was sent to Fort Sam Houston, Texas. Orders 234-15, Headquarters, Fort Sam Houston, TX, dated 7 December 1982, awarded her a primary MOS of 91B1O. She completed her training on 19 January 1983 and was issued a DD Form 214 which shows her rank as PVT and her MOS as 91B1O.
3. The applicant's DA Form 20 shows she was awarded MOS 91B1O.
4. In 1984, the applicant was reassigned from the 73rd Field Hospital to the USAR Control Group (Reinforcement) by reason of unsatisfactory participation. Her MOS was shown as 91B1O.
5. Orders D-09-075935 discharged the applicant from the USAR effective 4 October 1988 in the rank of SPC.
6. Army MOS manuals for the period of the applicant's service show that MOS 91A and MOS 19B were essentially the same MOS, that of Medical Specialist. MOS 91A was the entry MOS and MOS 91B was the MOS for Soldiers beyond the rank of SPC. The list of SQT skills was essentially the same, except in the matter of degree.
7. The DA Form 5011-R provided by the applicant does not exist in her military personnel records jacket (MPRJ).
DISCUSSION AND CONCLUSIONS:
1. The applicant wants a DA Form 5011-R corrected to show MOS 91B1O vice 91A1O, and her ADT DD Form 214 corrected to show she was a SPC.
2. As to the applicant's rank, she enlisted in the USAR as a PVT and entered ADT as a PVT. There is no record showing she was ever promoted while on ADT; she achieved the rank of SPC after her period of ADT captured by her DD Form 214. Her DD Form 214 correctly shows she completed her ADT as a PVT.
3. As to her MOS, the applicant enlisted for MOS 91B; she trained for and was awarded MOS 91B at Fort Sam Houston; there is no indication anywhere in her records that she held or served in MOS 91A. Her DD Form 214 correctly shows she was awarded MOS 91B1O.
4. Because MOS 91A and 91B were essentially the same and were only differentiated by skill level and rank, SQT testing for both MOS's essentially would have been interchangeable. The DA Form 5011-R is not an official indication of her MOS; block 11 (Primary Specialty) of the DD Form 214 is the official record of her awarded MOS and active service in that MOS.
5. Because the DA Form 5011-R provided by the applicant does not exist in her MPRJ, there is no official record to correct.
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) AR20090007923
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ABCMR Record of Proceedings (cont) AR20090007923
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