IN THE CASE OF:
BOARD DATE: 24 June 2010
DOCKET NUMBER: AR20100000793
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) for the period ending on 29 February 2008 to show his military occupational specialty (MOS) as 68W (Health Care Specialist).
2. The applicant states he completed all the training required to receive this MOS.
3. The applicant provides a copy of Orders 11-239, dated 11 January 2008, and a copy of his DD Form 214, dated 29 February 2008.
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 records show he enlisted in the U.S. Army Reserve (USAR) on 9 May 2006. He subsequently entered active duty (ADT) for training on 20 July 2006. However, he was discharged on 22 December 2006 under the provisions of chapter 11 of Army Regulation 635-200 (Personnel Separations).
3. Item 11 (Primary Specialty) of his DD Form 214 for the period ending on 22 December 2006 shows the entry "None" indicating he was not awarded an MOS
4. He then enlisted in the Regular Army for a period of 4 years on 23 August 2007 and he was assigned to Fort Sam Houston, TX, for training in MOS 68W.
5. The facts and circumstances surrounding his discharge are not available for review with this case. However, he provided a copy of a DD Form 214 that shows he was discharged on 29 February 2008 under the provisions of paragraph 5-11 of Army Regulation 635-200 by reason of failing medical, physical, or procurement standards.
6. Items 11 and 14 (Military Education) of this DD Form 214 also show the entry "None."
7. He submitted a copy of Orders 11-239, issued by Headquarters, U.S. Army Medical Department and School, Fort Sam Houston, TX, on 11 January 2008, awarding him MOS 68W effective 18 January 2008.
8. Per phone conversation on 10 June 2010 between the case analyst of record and the Noncommissioned Officer in Charge (NCOIC), Academic Standards, 68W Course, Fort Sam Houston, TX, the NCOIC indicated that the applicant did not graduate from the 68W course. The NCOIC also stated that due to the large number of students, MOS orders are normally prepared in advance prior to graduation.
9. On 15 June 2010, Headquarters, U.S. Army Medical Department and School, Fort Sam Houston, TX, published Orders 166-205 revoking the applicant's MOS orders.
10. 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 their military service. It is important that information entered on the form should be complete and accurate. Item 11 of the DD Form 214 reflects the primary specialty. This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served. Item 14 shows the Soldiers Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This item includes title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
11. The Transition Policy Office at the U.S. Army Human Resources Command (the proponent of Army Regulation 635-5) previously advised that for Regular Army enlisted Soldiers, item 11 of the DD Form 214 shows the MOS that was awarded, either by service school attendance or orders awarding the MOS.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant attended training for MOS 68W but he did not complete training. He was processed out for medical reasons. It appears that the orders awarding him MOS 68W were pre-prepared ahead of graduation and should not have been published and were recently revoked. Therefore, he is not entitled to the requested relief.
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) AR20100000793
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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