IN THE CASE OF:
BOARD DATE: 6 April 2010
DOCKET NUMBER: AR20090015197
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 January 2002 be corrected to show military occupational specialty (MOS) 91B (medical specialist) instead of MOS 91WY2 (nuclear medicine specialist).
2. The applicant states he was a combat medic, not a nuclear medicine specialist. The individual at the transition point told him he was unable to correct the computer error.
3. The applicant provides a copy of his DD Form 214 for the period ending 5 January 2002 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. Having prior inactive service in the U.S. Army Reserve (USAR), the applicant enlisted in the Regular Army on 27 September 1988 for a period of 4 years. He served as a medical specialist in Southwest Asia from 27 December 1990 to 20 June 1991. On 30 March 1992, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 for the period ending 30 March 1992 does not show the Combat Medical Badge as an authorized award.
4. The applicant enlisted in the Regular Army on 6 January 1999 and was honorably discharged on 5 January 2002.
5. Item 11 of the applicant's DD Form 214 for the period ending 5 January 2002 shows his primary MOS as 91WY2 and that he served in this MOS for 3 years. Item 14 (Military Education) of this DD Form 214 shows the applicant completed 8 weeks of medical proficiency training in 1999 and he completed nuclear medicine specialist training. This DD Form 214 shows, among other awards, the Combat Medical Badge as an authorized award.
6. There are no orders in the available records which show the applicant was awarded primary MOS 91B during his last enlistment.
7. 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 Enlisted Record Brief the titles of all MOS's served for at least 1 year and include for each MOS the number of years and months of service.
DISCUSSION AND CONCLUSIONS:
The applicant's request to amend item 11 on his DD Form 214 for the period ending 5 January 2002 was considered. However, since the available evidence of record shows he completed nuclear medical specialist training during his last enlistment, it is logical to presume he was awarded primary MOS 91W. In the absence of orders showing he held primary MOS 91B at the time he separated in 2002, or his Enlisted Record Brief to show he in fact did not complete nuclear medicine specialist training, it appears item 11 of his DD Form 214 for the period ending 5 January 2002 is correct. Therefore, there is an insufficient basis for amending item 11 of his DD Form 214.
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) AR20090015197
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ABCMR Record of Proceedings (cont) AR20090015197
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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