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ARMY | BCMR | CY2009 | 20090018913
Original file (20090018913.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	 25 May 2010

		DOCKET NUMBER:  AR20090018913 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the additional military occupational specialty (MOS) 42A (Human Resources Specialist).

2.  The applicant states that only her primary MOS of 92A (Automated Logistical Specialist) is reflected in item 11 of her DD Form 214.  She contends that she worked as a 42A for most of her career.  She further believes that this error took place because the size of the instructions in item 11 is very small.

3.  The applicant provides a copy of her DD Form 214 and a copy of her Enlisted Record Brief (ERB).

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she initially enlisted in the Regular Army on 6 December 2001 for a period of 3 years.  She completed basic combat and advanced individual training and was awarded MOS 92A.  Her records also show she reenlisted on 11 February 2004 for a period of 4 years in the same MOS.  She was honorably discharged on 10 February 2008 in the rank/grade of sergeant/E-5 and had no pending service obligations at the time of her separation.

2.  Item 11 of her DD Form 214 shows she held MOS 92A2O (Automated Logistical Specialist) for 6 years and 3 months.

3.  The applicant's ERB, dated 1 February 2008, shows in section IX (Assignment Information) that she served in duty MOS 92A for most of her career.  It also shows she served in duty MOS 42A from 27 September 2004 through 3 May 2005.

4.  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.  Chapter 2 states the information in item 11 is obtained from the ERB and showed the titles of all MOS's served for at least 1 year; include for each MOS the number of years and months served.

5.  The proponent of Army Regulation 635-5 has clarified that the intent of the regulation was to enter awarded MOS's on the DD Form 214, not duty MOS's.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the additional MOS of 42A2O was erroneously omitted from her DD Form 214 was carefully considered and is not supported by the evidence.

2.  By regulation, with clarification, the MOS's listed in item 11 of the DD Form 214 must have been formally awarded and must be documented on a member's ERB.  In this case, although her record shows she worked as a 42A2O for 7 months, there is no evidence of record that shows she was ever awarded this MOS as either a primary or secondary MOS.  As a result, there is an insufficient evidentiary basis to support a change to item 11 of her 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)                                         AR20090018913



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ABCMR Record of Proceedings (cont)                                         AR20090018913



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