IN THE CASE OF:	  

		BOARD DATE:	  19 November 2009

		DOCKET NUMBER:  AR20090010568 


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 that items 4a (Grade, Rate or Rank) and 4b (Pay Grade) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show staff sergeant/E-6 instead of sergeant/E-5; that item 11 (Primary Specialty) be corrected to show "21E1O HVY CONST EQUIP OPER [Heavy Construction Equipment Operator]  4 YRS 2 MOS//21E2O CONST EQUIP SPVSR [Supervisor] 7 YRS 11 MOS//21N38 CONST EQUIP SPVSR INSTRUCTOR 7 YRS 11 MOS"; and that item 18 (Remarks) be corrected to show his deployment to Kuwait/Iraq in 1990/1991.

2.  The applicant states that these items were overlooked during the worksheet inspection.

3.  The applicant provides a copy of his Enlisted Record Brief (ERB), a Physical Disability Information Report, and a copy of his DD Form 214 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 7 November 1988 and trained as a heavy construction equipment operator.  He remained on active duty through continuous reenlistments.  He attained the rank of staff sergeant; however, his rank was reduced to sergeant in May 2007 due to misconduct.  

2.  On 9 October 2008, the Army Grade Determination Review Board determined the applicant was eligible to be advanced to staff sergeant if he received a disability retirement.

3.  On 26 December 2008, the applicant was retired in the rank of sergeant and placed on the Temporary Disability Retired List (TDRL) the following day.  

4.  Item 4a on the applicant's DD Form 214 shows the entry "SGT" [sergeant].  Item 4b shows the entry "E05."  Item 11 on his DD Form 214 shows the entry "21E28 HVY CONST EQUIP OPER - 4 YRS 10 MOS//21N2O CONSTR EQUIP SUPVSR - 14 YRS 11 MOS//NOTHING FOLLOWS."  Item 18 does not show any deployment in Kuwait/Iraq in 1990/1991.  His DD Form 214 shows, among other awards, the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) as authorized awards.  

5.  There is no evidence of record which shows the applicant was promoted to staff sergeant prior to his placement on the TDRL.

6.  Section I (Assignment Information/Overseas/Deployment Combat Duty) on the applicant's ERB shows he served in Kuwait from 29 October 1990 to 15 April 1991.

7.  Orders show the applicant was promoted to sergeant in primary MOS 62E effective 1 January 1993.  Orders show the applicant was promoted to staff sergeant in primary MOS 62E effective 1 December 2001.    

8.  The applicant's Noncommissioned Officer Evaluation Report (NCOER) covering the period November 2001 through October 2002 shows his primary MOS as 62N.  There are no orders which show he was awarded this MOS.  

9.  The applicant's NCOERs covering the period November 2002 to 31 January 2007 show his primary MOS as 21N.

10.  The U.S. Army Human Resource Command Enlisted MOS Conversion Chart shows that MOS 62E (Heavy Construction Equipment Operator) was converted to MOS 21E (construction equipment operator) on 1 September 2004.  This chart shows that MOS 62N (Construction Equipment Supervisor) was converted to MOS 21N (Horizontal Construction Engineer).  
11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy 
for the preparation of the DD Form 214.  It states, in pertinent part, for item 11, enter from the ERB/Officer Record Brief the titles of all MOS or AOC served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training.  For an enlisted Soldier, also specify 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, if applicable.  Enter "O" when not applicable.  When MOSC merge at the skill level 5, make separate entries for the highest skill level in each MOSC below the skill level 5.
12.  Army Regulation 635-5 also states, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18.    
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his rank be changed to staff sergeant on his DD Form 214 was noted.  However, evidence of record shows he was separated in the rank of sergeant and his DD Form 214 correctly reflects that rank.  There is no evidence of record which shows he was promoted to staff sergeant prior to his placement on the TDRL.  Therefore, there is insufficient evidence on which to amend items 4a and 4b on his DD Form 214 to show staff sergeant/E-6.

2.  The applicant's request to amend item 11 on his DD Form 214 was noted.  However, there are no regulatory provisions for entering every skill level served in an MOS at every grade.  Accordingly, it appears that his service in his actual MOSs is properly reflected in accordance with the applicable regulation, and there appears to be an insufficient basis for amending item 11 on his DD Form 214. 

3.  The entry in Section I on the applicant's ERB which shows he served in Kuwait from 29 October 1990 to 15 April 1991 is accepted as sufficient evidence on which to amend item 18 on his DD Form 214 to show this deployment.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry, “SERVICE IN KUWAIT:  19901029-19910415” in item 18 on his DD Form 214. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending items 4a, 4b, and 
11 on his DD Form 214.



      __________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)                                         AR20090010568



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ABCMR Record of Proceedings (cont)                                         AR20090010568



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