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ARMY | BCMR | CY2011 | 20110015283
Original file (20110015283.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:  24 January 2012

		DOCKET NUMBER:  AR20110015283


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 show his primary military occupational specialty (MOS) (PMOS) as 25B (Information Systems Operator – Analyst) and his secondary MOS (SMOS) as 11B (Infantryman).

2.  The applicant states he attended and graduated from the MOS 25B course.

3.  The applicant provides an online printout of his DD Form 2586 (Verification of Military Experience and Training (VMET), dated 26 November 2008, and a memorandum from the 447th Signal Battalion, Fort Gordon, GA, dated 19 March 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 6 May 2003.  On 5 January 2007, he was honorably discharged by reason of disability with severance pay.  Item 11 (Primary Specialty) of his DD Form 214 shows his PMOS, at the time of his discharge, was 11B.  Item 11 further shows he served as an 11B for 3 years and 4 months.  

2.  On 6 September 2007, he again enlisted in the Regular Army.  Item 1b of his DA Form 3286 (Statement for Enlistment – United States Army Enlistment Program) shows he enlisted to receive training in MOS 25B.

3.  On 29 May 2009, he was honorably discharged by reason of disability with severance pay, combat related.  The highest rank/grade he achieved while serving on active duty was specialist/E-4.  His DD Form 214 shows:

a. Item 11 contains the entry "None//Nothing Follows."  

   b. Item 12 (Record of Service) shows he was credited with 1 year, 8 months, and 24 days of net active service during this period of enlistment, and 3 years and 8 months of prior active service.

   c. Item 14 (Military Education) contains the entry "Info Sys Oper/Anal Crs, 2008//Nothing Follows."

4.  He provides an online printout of his VMET, dated 26 November 2008.  Information provided on this VMET is current as of 1 July 2008:

   a. Item 7 (Experience and Training History – Experience History) shows he served in MOS 11B from June 2003 through January 2007, and MOS 25B from September 2007 through July 2008.  However, the calculated time spent in each MOS includes time spent in training, which should not be counted in the total period of time served in the MOS.   

   b. Item 7 (Experience and Training History – Training History: Courses Successfully Completed) shows he completed MOS training as an Infantryman, but does not contain an entry related to his attendance at the MOS 25B, Information Systems Operator – Analyst Course.

5.  He further provides a memorandum from the Training Noncommissioned Officer (NCO) of the Headquarters and Company A of the 447th Signal Battalion, wherein the Training NCO attests to the applicant's completion of the MOS 25B, Information Systems Operator – Analyst Course, Class 203-08, from 15 January 2008 through 10 May 2008.
 
6.  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 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.  It further provides that item 11 of the DD Form 214 should document the 3 digit alpha-numeric code and title of all MOSs 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 (emphasis added).
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 11 of his DD Form 214, for the period ending 29 May 2009, should show his PMOS as 25B and his SMOS as 11B.

2.  The evidence shows he served on active duty during 2 separated periods: from 6 May 2003 through 5 January 2007, a period of 3 years and 8 months; and from 6 September 2007 through 29 May 2009, a period of 1 year, 8 months, and 24 days.

3.  He served in MOS 11B during the period 6 May 2003 through 5 January 2007, minus time spent in MOS training.  Item 11 of his DD Form 214, for the period ending 5 January 2007, credits him with 3 years and 4 months of service in MOS 11B.

4.  He enlisted on 6 September 2007 for training in MOS 25B.  Item 14 of his DD Form 214, for the period ending 29 May 2009, credits him with the completion of that training.  This fact is further substantiated by his submitted evidence; specifically, the memorandum from his Training NCO.      

5.  His VMET shows he served in MOS 25B from September 2007 through July 2008, the "as of" date of the VMET report; however, it should be noted that his service in MOS 25B continued until the date of his discharge.  Excluding time spent in training, as documented by his Training NCO, it would appear he served in MOS 25B from May 2008 through May 2009.

6.  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, during the period of active duty covered by the DD Form 214 (emphasis added); therefore, it would be appropriate to correct item 11 of his DD Form 214, for the period ending 29 May 2009, to show he served in MOS 25B for 1 year, and MOS 11B for 1 year and 9 months.

7.  Army Regulation 635-5 makes no reference to annotating a Soldier's PMOS or SMOS; therefore, it would not be appropriate to identify his MOSs as his PMOS or SMOS.  Accordingly, he is not entitled to this portion of the requested relief.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___X____  ___X ___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 of his DD Form 214, for the period ending 29 May 2009, to show the following entries:

* 25B1O, Information Systems Operator – Analyst, 1 YR
* 11B1O, Infantryman, 1 YR, 9 MOS

2.  The Board further determined 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 identifying his MOSs by PMOS or SMOS.




      _______ _  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)                                         AR20110015283



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