IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090015707 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 8a (Last Duty Assignment and Major Command) to show he was assigned to the Rear Detachment, Headquarters and Headquarters Troop, 2nd Squadron, 1st Cavalry Regiment. 

	b.  Item 11 (Primary Specialty) as follows:

		(1)  Add the F7 (Pathfinder) additional skill identifier (ASI) to his primary military occupational specialty (PMOS) 19D (Cavalry Scout); and 

		(2)  Change his secondary MOS (SMOS) from 63X (Vehicle Maintenance Supervisor) to 63B (Light Wheel Vehicle Mechanic).

	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add a second award of the Meritorious Service Medal; the Expert Marksmanship Qualification Badge with Grenade, Machinegun, and Pistol Bars; and the Sharpshooter Marksmanship Qualification Badge with Missile Launcher, Rocket, and Carbine Bars.

	d.  Item 19a (Mailing Address After Separation) to show his address as 1xxx2 1xxth Avenue, Apartment x, Lakewood, WA 9xxxx-xxxx."

2.  The applicant states that item 11a reflects a previous unit prior to being assigned to the rear detachment.  He adds that his F7 ASI is not shown with his PMOS.  He also adds that he never held MOS 63X and that he previously held MOS 63B at the staff sergeant level (skill level 3) but did not hold it at the sergeant first class (SFC) level (skill level 4) which is the level when MOS 63B merges into MOS 63X.  He further adds he was awarded the Meritorious Service Medal after his retirement, but neither this nor any of his marksmanship badges are listed on his DD Form 214.  He concludes that the mailing address shown on his DD Form 214 reflects a previous address; however, this address should match that shown on his Enlisted Record Brief (ERB).

3.  The applicant provides, in support of his request, a copy of a certificate, dated 4 May 2009, awarding him the Meritorious Service Medal; a copy of his DD Form 214, dated 31 August 2009; and a copy of his ERB, dated 4 September 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the Regular Army (RA) on 21 June 1989.  He completed basic combat and advanced individual training and was awarded MOS 63B.  He served in this MOS through multiple extensions and/or reenlistments until on or about 12 August 1993.

2.  The applicant's records also show he completed the 10-week Cavalry Scout Course at Fort Knox, KY, followed by the 3-week M3 Scout Commander Certification Course in 1993.  He again served through multiple reenlistments in various positions within and outside continental United States and attained the rank/grade of SFC/E-7.

3.  He was honorably retired on 31 August 2009 and placed on the retired list in the rank/grade of SFC/E-7.  The DD Form 214 he was issued shows he completed 20 years, 2 months, and 10 days of creditable active service.  This form further shows the following entries:

	a.  Item 8a shows the entry "020001AR RECCE TRP RS FC," indicating he was assigned to the Reconnaissance Troop (RECCE TR) of the 2nd Squadron, 1st Cavalry Regiment (020001AR), which is a Reconnaissance Squadron (RS) within Forces Command (FC).

	b.  Item 11 shows he held MOS 19D48, Cavalry Scout, for 16 years and 5 months, and MOS 63X (Vehicle Maintenance Supervisor) for 3 years and 2 months.

	c.  Item 13 shows one award of the Meritorious Service Medal and none of his marksmanship badges.

	d.  Item 18 (Remarks) shows he was awarded ASI F7 and that he completed the Instructor Course.

	e.  Item 19a shows a mailing address in Puyallup, WA 98374.

4.  Headquarters, 91st Division, Dublin, CA, Permanent Orders Number 29-03, dated 29 January 2004, awarded the applicant the Meritorious Service Medal for meritorious service from 8 March 2001 to 1 April 2004.

5.  Headquarters, I Corps, Fort Lewis, WA, Permanent Orders Number 124-2, dated 4 May 2009, awarded the applicant the Meritorious Service Medal for meritorious service from 1 September 1999 to 31 August 2009.

6.  The applicant's ERB, dated 4 September 2009 shows the following entries:

	a.  Section IV (Personal/Family Data-Mailing Address) shows a Lakewood, WA mailing address.

	b.  Section VIII (Awards and Decorations) of the applicant’s ERB, dated 4 September 2009, shows he was awarded the Expert Marksmanship Qualification Badge with Grenade, Machinegun, and Pistol Bars and the Sharpshooter Marksmanship Qualification Badge with Missile Launcher, Rocket, and Carbine Bars. 

	c.  Section IC (Assignment Information) shows his last unit of assignment as the Rear Detachment, 2nd Squadron, 1st Cavalry Regiment.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  Chapter 2 of the version of the regulation in effect at the time stated that:


	a.  Item 8a shows the last unit of assignment, major command with the corresponding two character assignment code.

	b.  Item 11, obtained from ERB and shows the titles of all MOSs served for at least 1 year and includes for each MOS the number of years and months served. For an enlisted Soldier, it also specifies 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 (SQI), if applicable.  An "O" is entered when an SQI is not applicable.  When the MOS merges at the skill level 5, make separate entries for the highest skill level in each MOSC below the skill level 5.

	c.  Item 19a shows a mailing address as provided by the Soldier and must be a permanent address.  

8.  Army Regulation 611-201 (Military Occupational Specialty and Structure) lists enlisted and officers military occupational specialties and establishes the standards of grade for each MOS.  It states, in pertinent part, that the MOSC consists of nine characters.  The MOSC is used in active and reserve records, reports, authorization documents, and other personnel management systems.  The first two characters of the MOS are always numbers and the third character is always a letter.  The two-digit number is usually (but not always) synonymous with the Career Management Field (CMF).  The fourth character of the MOSC represents the skill level (commensurate with rank and grade) as follows: a "O" is used to identify personnel undergoing training for award of a primary MOS (PMOS); a "1" identifies a private (PV1)/E-1 through specialist (SPC)/E-4 or corporal (CPL)/E-4 (and SP4 for older ranks); a "2" identifies a sergeant (SGT)/
E-5; a "3" identifies staff sergeant (SSG)/E-6; a "4" identifies a sergeant first class (SFC)/E-7, and a "5" identifies a master sergeant (MSG)/E-8, first sergeant (1SG)/E-8, or sergeant major (SGM)/E-9.  Additionally, the SQI indicates a Soldier's specific duty assignment or special qualifications.  SQI "8" indicates the Soldier is qualified as an instructor.

9.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, that an oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Meritorious Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 contains various administrative errors related to his unit of assignment, MOS, awards, and mailing address that should be corrected.

2.  With respect to his awards, decorations, and badges:

	a.  Permanent orders awarded the applicant two awards of the Meritorious service Medal, one of which is not shown on his DD Form 214.  Therefore he is entitled to correction of his DD Form 214 to show the Meritorious Service Medal with first oak leaf cluster.

	b.  The evidence of records shows the applicant was awarded the Expert Marksmanship Qualification Badge with Grenade, Machinegun, and Pistol Bars; and the Sharpshooter Marksmanship Qualification Badge with Missile Launcher, Rocket, and Carbine Bars, which are not shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show these badges.

3.  With respect to his unit of assignment, it appears that when he requested retirement and his DD Form 214 worksheet was prepared, he was assigned to the Reconnaissance Troop of 2nd Squadron, 1st Cavalry Regiment.  It also appears that his unit deployed or was deploying at the time and that he was placed in the Rear Detachment for command, control, and accountability only.  It therefore appears that the entry on his DD Form 214 is correct as presently shown and requires no further correction.

4.  With respect to his specialties:

	a.  The applicant held PMOS 19D, performed duties as an instructor (SQI "8"), and retired as an SFC/E-7 (skill level 4).  The current entry of 19D48 is correct as shown and requires no further correction.  Although the applicant completed the Pathfinder course and was awarded ASI "F7," there is no requirement to list an ASI on the DD Form 214.  Nevertheless, ASSI “F7” is listed in item 18 of his DD Form 214.

	b.  The applicant previously held MOS 63B from 1989 through 1993.  When he was reclassified into MOS 19D, his original MOS (63B) became a secondary or an additional MOS.  However, since the applicant held the rank/grade of SFC/E-7 at the time of his retirement, the skill level that is commensurate with his rank/grade of SFC/E-7 is "4."  Additionally, since MOS 63B converts into MOS 63X at skill level "4" and not skill level “5” the "63X4O" entry in item 11 is correct.  Therefore, no further correction is required.

5.  With respect to the applicant's mailing address after separation, this entry is provided by the Soldier to the official preparing the DD Form 214.  The applicant appears to have provided the "mailing address after separation" that is shown on his DD Form 214.  He authenticated the DD Form 214 by placing his signature in the proper block.  There is no requirement for this address to match the mailing 
address shown on his ERB.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant’s mailing address was correct at the time and there is an insufficient evidentiary basis for changing it.

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 from item 13 of his DD Form 214 the entry "Meritorious Service Medal; and

	b.  adding to item 13 of his DD Form 214 the Meritorious Service Medal (1st Oak Leaf Cluster); Expert Marksmanship Qualification Badge with Grenade, Machinegun, and Pistol Bars; and the Sharpshooter Marksmanship Qualification Badge with Missile Launcher, Rocket, and Carbine Bars."

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 his primary MOS, additional MOS, unit of assignment, and mailing address after separation.



      _______ _   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)                                         AR20090015707



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ABCMR Record of Proceedings (cont)                                         AR20090015707



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