IN THE CASE OF:	

		BOARD DATE:	  12 January 2010

		DOCKET NUMBER:  AR20090013205 


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 records to show his correct rank and military occupational specialty (MOS) at the time of his discharge.

2.  The applicant states, in effect, he was promoted to grade E-4 while serving with the 21st Field Hospital, St. Louis, Missouri; he was an E-4 when he was discharged; and his MOS Code (MOSC) was 91A1, not 91B1.

3.  The applicant provides no additional documentary evidence in support of his 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 enlisted in the U.S. Army Reserve (USAR) on 5 March 1987 and enlisted in the Regular Army on 21 July 1987.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 17 (Civilian Education and Military Schools), in pertinent part, that he completed the 10-week Medical Specialist course (MOSC 91A) in 1988;

   b.  item 18 (Appointments and Reductions), in pertinent part, that he was promoted to specialist four (SP4)/pay grade E-4 with a date of rank (DOR) of
21 September 1989.  This item also shows he was reduced to private first class (PFC)/pay grade E-3 with a DOR of 2 March 1990; and

   c.  item 38 (Record of Assignments), in pertinent part, that he served in duty MOSC 91A1P (Medical Specialist) with the U.S. Army Medical Department Activity, Fort Bragg, North Carolina, from 1 March 1988 through 19 July 1990.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 21 July 1987.  He was honorably released from active duty (REFRAD) on 20 July 1990 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.  At the time he had completed 3 years of net active service.  It also shows in:

	a.  item 4a (Grade, Rate or Rank) the entry "PFC"; item 4b (Pay Grade) the entry "E-3"; and item 12 (Record of Service), block h (Effective Date of Pay Grade) the entry "90 03 02" (i.e., 2 March 1990); and

	b.  item 11 (Primary Specialty) shows MOSC 91A1P (Medical Specialist).

5.  A DA Form 4187 (Personnel Action), dated 26 December 1991, issued by the Adjutant of Headquarters, 21st General Hospital, St. Louis, Missouri, shows the applicant was advanced to SP4 (E-4), effective 31 December 1991, and that his advancement was made in primary MOS (PMOS) 91B1O.

6.  Headquarters, 102nd U.S. Army Reserve Command, St. Louis, Missouri, Orders 113-011, dated 8 August 1992, show the applicant was reassigned from the 21st General Hospital, St. Louis, Missouri, to Company A, 1st Battalion, 318th Infantry Regiment, Charlottesville, Virginia, on 8 August 1992.  The orders show, in pertinent part, his rank was "SP4" and his MOSC was "91B1O.”




7.  The applicant's DA Form 2A (Personnel Qualification Record), dated
13 August 1992, shows in:

   a.  Section II (Service Date), item 2 (Grade/Grade Armed Services), in pertinent part, the entry "SP4" and in item 3 (Date of Rank) the entry “911231"
(i.e., 31 December 1991); and in

   b.  Section III (Qualification Data), item 1 (PMOSD [Designator]), the entry "91B1O."
   
8.  Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, ARPC-PAT-R(N1), Orders D-03-522937, dated 7 March 1995, show the applicant was honorably discharged from the USAR effective 7 March 1995.  The Standard Name Line of the orders, in pertinent part, shows the applicant's rank as "PFC" and MOSC as "91B1."

9.  There is no evidence the applicant was reduced in rank subsequent to
31 December 1991 and prior to the date he was discharged from the USAR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the rank and MOSC shown on his discharge orders should be corrected.

2.  Records show the applicant was REFRAD on 20 July 1990.  At the time he held the rank of PFC/E-3 with a DOR of 2 March 1990 and MOSC of 91A1P.
The evidence of record also shows that the applicant's DD Form 214 issued on 20 July 1990 shows his correct rank, pay grade, DOR, and MOSC. 

3.  Records show the applicant was advanced to SP4/E-4 with a DOR of
31 December 1991 and also awarded PMOS 91B1O.

4.  The applicant's discharge orders show he was discharged from the USAR on 7 March 1995 in the rank of PFC in MOSC 91B1.  Thus, the evidence of record indicates the applicant's discharge orders show the incorrect rank; however, the MOSC is correct.  Therefore, it would be appropriate to correct the applicant's records by amending his discharge orders to show he was discharged in the rank of SP4.





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 amending Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, ARPC-PAT-R(N1), Orders D-03-522937, dated 7 March 1995, to show the applicant's rank at the time of his discharge on 7 March 1995 was "SP4."

2.  As a result of this correction, the U.S. Army Human Resources Command,
St. Louis, Missouri, should also issue the applicant a corrected DD Form 256A (Honorable Discharge Certificate).

3.  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 his PMOS.  




      _______ _   _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)                                         AR20090013205



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ABCMR Record of Proceedings (cont)                                         AR20090013205



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