IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20090019705
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 reconsideration to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) by reversing the entries in Block 11 (Primary Specialty) to show he served as a military policeman (MP) for 5 years and 3 months and as a multiple rocket launch system (MLRS) crewman for 2 years and 8 months.
2. The applicant states the requested change will correct his experience level as an MP and facilitate his obtaining a law enforcement job as a civilian.
3. The applicant provides:
* Orders 200-0294, Headquarters, US Army Field Artillery Center and Fort Sill, Fort Sill, OK, dated 19 July 1999
* Amendment to above orders, dated 23 July 1999
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090000157, on 30 April 2009.
2. The applicant provides Orders 200-0294 which indicate he was reassigned from Fort Sill to Fort Carson, CO in military occupational specialty (MOS) 95B1O (Military Police). This document is considered new evidence and requires reconsideration by the Board.
3. The applicant enlisted in the Regular Army on 8 August 1996 for 3 years and training in MOS 13M (MLRS Crewmember). He underwent one station unit training (OSUT) at Fort Sill and was awarded MOS 13M1O around December 1996.
4. On 2 March 1999, the applicant reenlisted for 3 years for training in MOS 95B. The orders, dated 19 July 1999, submitted by the applicant show he was to report to Fort Carson on or about 15 August 1999 for future assignment as a 95B1O. The "FOR ARMY USE" section of the orders indicated his primary MOS was 95B1O.
5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was assigned to the 59th MP Company, 759th MP Battalion on or about 17 August 1999. There is no indication of the date on which he was awarded MOS 95B1O.
6. The applicant's DD Form 214 shows he served from 8 August 1996 to 1 March 2003, a period of 6 years, 6 months, and 24 days. It also shows:
* in Block 11
o service as an MLRS crewmember for 5 years and 3 months
o service as an MP for 2 years and 8 months
* in Block 14 (Military Education) Law Enforcement Course, 12 weeks, December 1996
7. The US Army Military Police School (USAMPS) is located at Fort Leonard Wood, MO. The USAMPS trains MPs and awards MOS 95B (now 31B). The MP School transitioned to Fort Leonard Wood from Fort McClellan, AL during the 1999-2000 time frame.
8. Department of the Army Pamphlet 611-21 (Military Occupational Specialty and Structure) states formal training in MOS 31B is required. The pamphlet in effect at the time stated formal training in MOS 95B was required.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants his DD Form 214 to show he served as an MP for 5 years and 3 months and as an MLRS crewmember for 2 years and 8 months. He contends, in effect, the DD Form 214 is in error and requires correction.
2. The applicant spent his initial enlistment in MOS 13M1O. The record shows he reenlisted on 2 March 1999 for the Army training Reenlistment Option (95B1O Military Police) and was ordered to Fort Carson for assignment to the 59th MP Company, 759th MP Battalion. The orders did not specify temporary duty at USAMPS at Fort McClellan or Fort Leonard Wood en route to Fort Carson. However, those orders did indicate that his primary MOS was 95B1O. Since formal training in MOS 95B/31B is required prior to award of the MOS, it is reasonable to believe that he attended that training in a temporary duty and return status.
3. Since there is no evidence of when the applicant completed that formal training, the only verifiable date that he held the MOS was the date of the orders, 19 July 1999. With a separation date of 1 March 2003, that would mean it can be verified he held the MOS for 3 years, 7 months, and 12 days (or, for the purpose of entry on the DD Form 214, 3 years and 7 months.
4. The applicant's DD Form 214 also contains an error in Block 14 of his DD Form 214. The applicant entered the Army in August 1996 and underwent OSUT at Fort Sill to become an MLRS crewmember. He completed this training in December 1996, not law enforcement training as indicated in Block 14. Although it is presumed that he completed formal training in MOS 95B around July 1999, again, there is no evidence of exactly when he completed the training or how long it was. If he can provide his certificate of completion, he could request correction of Block 14 of his DD Form 214 to add the MP course.
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 partial amendment of the ABCMRs decision in Docket Number AR20090000157, dated 30 April 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Block 11 of his DD Form 214 to show he held MOS 95B1O for 3 years and 7 months.
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 Block 11 of his DD Form 214 to show he held MOS 95B1O for 5 years and 3 months.
_______ _ __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) AR20090019705
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ABCMR Record of Proceedings (cont) AR20090019705
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