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ARMY | BCMR | CY2010 | 20100026063
Original file (20100026063.txt) Auto-classification: Approved

	

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100026063 


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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty), to add her secondary and additional military occupational specialties (MOSs).

2.  She states her secondary and additional MOSs were never included on her DD Form 214.  She is seeking employment in the supply field.   

3.  She provides:

* Unit Supply Specialist Course Completion Certificate
* 1988 orders awarding additional MOS (AMOS)
* Army/American Council on Education Registry Transcript

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 applicant’s 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 applicant’s 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 military record shows she enlisted in the Regular Army in pay grade E-1 on 9 March 1984, for 3 years.  She completed training and was awarded MOS 64C (Motor Transport Operator).

3.  She provided a certificate, dated 9 November 1984, showing her successful completion of the MOS course for Unit Supply Specialist at Fort Carson, CO, from 22 October to 9 November 1984.

4.  She also provided Orders 4-12, dated 4 January 1988, issued by the 187th Personnel Service Company, awarding her AMOS 76P (Materiel Control and Accounting Specialist), with an effective date of 19 November 1987.

5.  In 1988, MOS 64C was converted to MOS 88M.

6.  She further provided an Army/American Council on Education Registry Transcript, dated 15 August 1988, showing she held the following MOSs:

* Primary and Duty MOS - 64C - 3/85, 3/86, and 1/87
* Primary and Duty MOS -  88M - 3/88
* Primary MOS - 76P 
* Secondary MOS - 76Y (Unit Supply Specialist)

7.  The transcript noted the primary MOS code showed the Soldier's primary MOS.  The secondary MOS code showed an additional MOS for which the Soldier was qualified.

8.  Item 17 of her DA Form 2-1 (Personnel Qualification Record - Part II) shows she completed 8 weeks of the 64C Motor Transport Operator Course at Fort Dix, NJ, in 1984 and 3 weeks of the Unit Supply Specialist Course at Fort Carson, in 1984.  Item 35 (Record of Assignments) of her DA Form 2-1 shows her duty MOS was 64C and was assigned to the following:

* Company B, 4th Supply & Transportation Battalion, Fort Carson, from 19 July 1984 to 31 March 1985
* Company B, 4th Forward Support Battalion, from 1 April 1985 to 12 January 1986
* 512th Maintenance Company, Germany, from 26 February 1986 to 28 February 1989
9.  She was honorably released from active duty in pay grade E-4 on 1 March 1989, at the expiration of her term of service, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete her remaining Reserve obligation.

10.  Item 11 of her DD Form 214 shows the following entry, "88M10, Motor Transportation Operator, 04 Years and 08 Months//Nothing Follows."  Item 14 shows she completed 8 weeks of the Motor "Transportation" Operator Course in July 1984.

11.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated that from information taken from the Enlisted Record Brief/Officer Record Brief, Item 11 would include the title of all MOS and Area of Concentration (AOC) served for at least one year and include for each MOS/AOC the number of years and months served.  Sixteen or more days would be rounded up to one month.  Additional specialty numbers and title involving period of one or more years would also be included in Item 11.  Item 14 would list in-service training courses successfully completed during the period covered by the DD Form 214 prepared.  The list would include the title, length in weeks, and year completed.  The information was to assist the Soldier in job placement and counseling; therefore, training courses for combat skills were not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that Item 11 of her DD Form 214 should reflect her second and additional MOSs of 76P and 76Y.  

2.  The evidence of record shows she successfully completed the 64C Motor Transport Course in 1984 and served in that MOS from 19 July 1984 to 28 February 1989, a period of over 4 years.  MOS 64C was later converted to 88M; therefore, this MOS was entered on her DD Form 214.  

3.  The evidence of record also show she successfully completed the Unit Supply Specialist Course in 1984 and was awarded AMOS 76P on 19 November 1987.  Therefore, she held this MOS for 1 year, 3 months, and 13 days, and it should be added to her DD Form 214 (1 year and 3 months).

4.  The evidence of record further shows she was awarded SMOS 76Y on or about 9 November 1984, when she completed the Unit Supply Specialist Course. Therefore, she held this MOS for 4 years, 3 months, and 23 days (4 years and 4 months).

5.  The applicant is therefore entitled to correction of Item 11 of her DD Form 214 to also show the entry, "76P, Materiel Control and Accounting Specialist, 01 Year 03 Months and 76Y, Unit Supply Specialist, 4 Years and 4 Months."  She is also entitled to correction to Item 14 to show the entry, "Unit Supply Specialist Course, 3 weeks, November 1984."  

6.  In view of the foregoing, her records should be corrected as recommended below.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding to Item 11 of the applicant's DD Form 214 the entry, "76P, Materiel Control and Accounting Specialist, 01 Year and 03 Months and 76Y, Unit Supply Specialist, 4 Years and 4 Months;"

   b.  adding to Item 14 of her DD Form 214 the entry, "Unit Supply Specialist Course, 3 weeks, November 1984;" and

   c.  providing her a corrected document that includes these changes.



      _______ _   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)                                         AR20100026063





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ABCMR Record of Proceedings (cont)                                         AR20100026063



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