IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110011516
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military occupational specialty (MOS) as 35M (Human Intelligence (HUMINT) Collector) instead of 88M (Motor Transport Operator).
2. The applicant states he served in MOS 35M while on active duty, but his
DD Form 214 shows he served as an 88M.
3. The applicant provides his DD Form 214 and his DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the period
19 December 2008 through 24 November 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Texas Army National Guard (TXARNG) on
10 March 2005. He completed training and was awarded MOS 88M.
2. Orders 233-690, issued by Headquarters, U.S. Army Maneuver Support Center, Fort Leonard Wood, MO, dated 21 August 2006, awarded him Primary MOS (PMOS) 88M, effective 22 September 2006.
3. Orders 151-00041, issued by the U.S. Army Intelligence Center, Fort Huachuca, AZ, dated 30 May 2008, awarded him PMOS 35M and Secondary MOS (SMOS) 88M, effective 2 October 2008.
4. Orders 301-408, issued by the TXARNG, dated 27 October 2008, ordered the applicant to active duty in support of Operation Enduring Freedom (OEF) for a period not to exceed 400 days, effective 25 November 2008.
5. Orders 030-1116, issued by the TXARNG, dated 30 January 2009, promoted him to sergeant (SGT)/E-5, effective 19 December 2008. These orders concurrently awarded him PMOS 88M and SMOS 35M, and withdrew
PMOS 35M and SMOS 88M.
6. On 21 December 2009, he was honorably released from active duty at the completion of his mobilization period. His DD Form 214 shows he completed 1 year and 27 days of net active service this period. The highest rank/grade he achieved while serving on active duty was SGT/E-5. Item 11 of his DD Form 214 shows he held MOS 88M for 1 year and 1 month.
7. His record indicates that at some point following his MOS reclassification on 19 December 2008 based on his promotion to SGT/E-5, he was again reclassified and awarded PMOS 35M and SMOS 88M; however, it is unclear whether or not that reclassification occurred during his period of mobilization. This point is underscored by Orders 109-608, issued by the Adjutant General's Department, West Virginia ARNG, dated 19 April 2010, which awarded him PMOS 88M and SMOS 35M, and withdrew PMOS 35M and SMOS 88M. These orders state, under the Additional Instructions: "PMOS how acquired" heading, the entry "reclassification from secondary MOS or career/progression."
8. He provides his NCOER for the period 19 December 2008 through
24 November 2009, which shows his PMOS and Duty MOS as 35M.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. This regulation further provides that item 11 of the DD Form 214 documents the codes and titles of all MOS's served in for at least 1 year, with the number of years and months served. For time determination, 16 days or more count as a month. Time spent in basic training and advanced individual training are not counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 11 of his DD Form 214, for the period ending 21 December 2009, should show his MOS as 35M instead of 88M.
2. The evidence of record does not clearly establish his PMOS during his period of active duty; however, Army Regulation 635-5 states that item 11 will document the codes and titles of all MOSs served in for at least 1 year, with the number of years and months served. The evidence of record confirms he served in MOSs 88M and 35M; therefore, he is entitled to correction of his records to show he served in these two MOSs.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding to item 11 of his DD Form 214 the entry "35M2O, Human Intelligence Collector, 1 year, 1 month."
__________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) AR20100011932
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ABCMR Record of Proceedings (cont) AR20110011516
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