IN THE CASE OF:	

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090011623 


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 item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she served in military occupational specialty (MOS) 76C1O/2O (equipment records and parts specialist) and MOS 92A1O/2O (automated logistical specialist) instead of MOS 92B1O (medical laboratory specialist).

2.  The applicant states that during her time in service she served in the supply field not in the medical field.

3.  The applicant provides a copy of her DD Form 214 and American or Army Council of Education (ACE) Registry Transcript System (AARTS) in support of her application.

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 enlistment contract shows she enlisted in the Regular Army on 3 February 1983 for a period of 3 years for training in MOS 71L (administrative specialist).  She remained on active duty through continuous reenlistments.

3.  Orders, dated 30 January 1987, show the applicant was promoted to sergeant in primary MOS 76C2O effective 1 February 1987.

4.  The applicant's noncommissioned officer evaluation reports during the period February 1987 to July 1992 show her primary MOS as 76C2O.

5.  On 23 July 1993, the applicant was reduced to E-1 as a result of misconduct.

6.  On 30 July 1993, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 16-8, under the Qualitative Retention Program.

7.  Item 11 of the applicant's DD Form 214 shows the entry "92B1O MEDICAL LABORATORY SPECIALIST -- 10 YRS-7 MOS//NOTHING FOLLOWS."

8.  There is no evidence of record which shows the applicant was awarded primary MOS 92B.

9.  The applicant's AARTS transcript shows she held primary MOS 76C1O from September 1983 to August 1983, she held primary MOS 76C2O from April 1987 to June 1988, and she held primary MOS 76C2O from April 1989 to April 1993, a total of 9 years and 7 months.  This transcript also shows she held primary MOS 92A2O from April 1993 to May 1993 and she held primary MOS 92A1O from May 1993 to July 1993, a total of 3 months.

10.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), Issue Number 4, dated 1 April 1992, reflects a variety of specialties in the supply field including MOS 76C, 76P, 76V, 76X, and 76Y.  In 1993 individuals holding MOS's 76C, 76P, 76V, and 76X began reclassification and transition to a single specialty, 92A, and individuals holding MOS 76Y were transitioned to 92Y.  By 1 July 1994, when Issue Number 5 of Army Regulation 611-201 was published, all MOS's in the 76 career management field had been deleted from the Army's inventory.

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 for item 11, enter from the Enlisted Record Brief/Officer Record Brief the titles of all MOS or areas of concentration (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 five characters of the primary MOS code (MOSC), which includes the three 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 skill level 5, make separate entries for the highest skill level in each MOSC below skill level 5.

DSCUSSION AND CONCLUSIONS:

1.  Item 11 of the applicant's DD Form 214 shows she served in primary MOS 92B1O for 10 years and 7 months.  However, there is no evidence of record which shows the applicant was awarded this MOS.  Therefore, it would be appropriate to delete this entry from item 11 of her DD Form 214.

2.  The applicant's AARTS transcript shows she held primary MOS 76C1O from September 1983 to August 1983, that she held primary MOS 76C2O from April 1987 to April 1993, that she held primary MOS 92A2O from April 1993 to May 1993, and that she held primary MOS 92A1O from May 1993 to July 1993, a total of 9 years and 10 months.  Since the applicant was reduced to E-1 prior to her discharge, her MOS skill level and special qualifications identifier should be shown as "1O."  Therefore, item 11 of her DD Form 214 should be corrected to show she served in MOS 92A1O for 9 years and 10 months.

3.  Since MOS 76C was converted to MOS 92A, there is no basis for granting the applicant's request to show MOS 76C in item 11 of her DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___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:

	a.  deleting the entry in item 11 of her DD Form 214; and

	b.  adding the entry "92A1O AUTOMATED LOGISTICAL SPECIALIST -- 9 YRS - 10 MOS//NOTHING FOLLOWS" to item 11 of her 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 item 11 to show MOS 76C1O/2O.



      __________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)                                         AR20090011623



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ABCMR Record of Proceedings (cont)                                         AR20090011623



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