IN THE CASE OF:
BOARD DATE: 10 June 2010
DOCKET NUMBER: AR20090021286
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) to reflect his Additional Skill Identifier (ASI) of
F5 Postal Operations.
2. The applicant states, in effect, that while he was assigned to Headquarters Troop, Reconnaissance, Surveillance and Target Acquisitions, Fort Campbell, KY, he performed the duties as a postal clerk, supervisor and manager while deployed to Iraq.
3. The applicant did not provide any documentation in support of his request. He requests that the Board use his available service record as proof of this omission.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's National Guard Bureau (NGB) Form 21 (Annex A DD Form 4 Enlistment/Reenlistment Agreement Army National Guard (ARNG)) shows that on 5 January 2000, the applicant enlisted in the ARNG for a period of 6 years, and training in military occupational specialty (MOS) 95B (Military Police) with an alternate MOS of 75B (Personnel Administrative Specialist).
3. Orders 158-329, dated 6 June 2000, awarded the applicant primary MOS 75B1O. However, his records are void of official orders awarding him an ASI of F5. Nor do they contain certificates of training showing the exact dates he attended and/or completed the training.
4. The DD Form 214, dated on 8 July 2000, he was issued at the time he was released from active duty (REFRAD) training, transferred him to the Adjutant General State of Missouri. Item 11 (Primary Specialty) shows MOS 75B1O 00 (Personnel Administrative Specialist) 0 years and 0 months.
5. Another DD Form 214, dated 2 April 2005, issued by Fort Campbell, KY, shows he was REFRAD and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement). Item 11 shows MOS 42A1O (Personnel Service Specialist) 3 years and 6 months. Item 18 (Remarks) shows the applicant served in Kuwait and Iraq during the period 28 February 2003 through 1 February 2004. He completed 3 years, 6 months, and 1 day of net active military service this period; 5 months and 2 days of prior active service; 1 year,
3 months, and 25 days of prior inactive service; and 11 months and 4 days of foreign service.
6. A copy of Orders 05-161-00026, dated 10 June 2005, discharged the applicant on 10 July 2005 under honorable conditions (general).
7. The U.S. Army Adjutant General School is the proponent of Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure). Table 12-2 describes the positions, qualifications and restriction of all ASI's applicable to Army enlisted personnel MOSs. It states, to be awarded the ASI F5, Soldiers must have successfully completed the Postal Operations Course at Fort Jackson, SC.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It states that Item 11 shows the MOS codes, titles, years, and months for enlisted and warrant officer personnel and the specialty skill identifier for commissioned officers.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to reflect ASI F5. He states that he served as a postal supervisor, manager and clerk during his tour of duty in Iraq. His case was carefully considered but not supported by the evidence in his records.
2. The applicant's primary specialty is shown as 42A1O on his DD Form 214 and that he has 11 months service in Iraq; however, there is no evidence and the applicant has not provided any to show he successfully completed the Postal Operations Course. Without a certificate verifying the course title, number of weeks, month and year completed, there is no basis to correct his DD Form 214 to show this ASI.
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) AR20090021286
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