IN THE CASE OF:
BOARD DATE: 23 April 2013
DOCKET NUMBER: AR20120017712
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her military occupational specialty (MOS) as 98H (Communications Interceptor/Locator) instead of 98G (Cryptologic Linguist).
2. She states her military education shows proof she went to the Communications Interceptor Course which is a Morse Code Training Course. Her DD Form 214 currently reflects false information.
3. She provides her Army diploma from the Communications Locator/Interceptor Course.
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 enlisted in the Regular Army on 7 February 2002. Her enlistment contract indicates she enlisted for training in MOS 98H.
3. She provided a diploma from the U.S. Army Intelligence School at Fort Huachuca, AZ, dated 26 September 2002, which shows she completed Phase I of the requirements for the Communications Locator/Interceptor Course from 20 May to 26 September 2002.
4. Her Enlisted Record Brief (ERB), dated 2 December 2005, shows her primary MOS as 98G. Section IX (Assignment Information) shows she was assigned to Camp Humphreys in Korea in duty MOS 98H from October 2002 to February 2004. Her ERB shows she served in duty MOS 98G while assigned to Fort Sam Houston, TX during the last 6 months of active military service.
5. She was honorably released from active duty on 6 February 2006 after completion of 4 years of active military service. Her DD Form 214 shows in:
a. item 11 (Primary Specialty Number, Title and Years and Months in Specialty (List additional specialty numbers and titles involving periods of one or more years)) she served in primary MOS 98G for 3 years and 4 months.
b. item 14 (Military Education) she completed the Communications Interceptor/Locator Course in October 2002.
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 establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directed the titles of all MOSs in which an individual served in for at least 1 year and the number of years and months served will be entered in item 11.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted for training in MOS 98H and completed Phase 1 of the Communications Locator/Inceptor Course. She served in and held MOS 98H from October 2002 to September 2005.
2. Her ERB shows she served in MOS 98G during the last 6 months of her active duty service. Based on the governing regulation, all MOSs in which an individual served in for at least 1 year should be entered in item 11. However, her DD Form 214 erroneously reflects her primary MOS as 98G in item 11.
3. Therefore, it would be appropriate to amend item 11 of her DD Form 214 to show her primary MOS as 98H instead of 98G.
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 the DD Form 214 of the individual concerned be corrected by deleting the entry "98G1O CRYPTOLOGIC LINGUIST - 3 YRS 4 MOS" from item 11 and replacing it with the entry "98H1O COMMUNICATIONS INTERCEPTOR/LOCATOR - 3 YRS 4 MOS."
_______ _ _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) AR20120017712
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120017712
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110024205
The applicant provides MOS and reassignment orders. This entry reflects service in MOS 31D from 19 July 2002 (date of completion of the Apprentice Special Agent Course) to 21 August 2005 (date release from active duty). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to block 11 of his DD Form 214 the entry "98G2L Cryptologic Communications Interceptor/Locator - 1 year - 11months."
ARMY | BCMR | CY2008 | 20080010578
The applicant requests her date of rank (DOR) for promotion to sergeant (SGT)/E-5 be corrected from 23 September 2005 to 26 August 2004 (the date she completed the Electronic Warfare/Signal Intelligence Course) or 7 September 2004 (the date she arrived at her first duty station). In a self-authored statement, dated 7 June 2008, the applicant states that: a. she enlisted under the ACASP program, formerly known as the stripes for skills program, which qualifies non-prior service-members with...
ARMY | BCMR | CY2012 | 20120020438
Upon completion of her 35P (Persian Farsi Cryptologic Linguist) MOS training she should have received a $10,000 incentive bonus. According to the memorandum, she was not serving in the bonus MOS of 35W (Electronic Warfare/Signal Intelligence Recruit) and did not become duty MOS qualified (DMOSQ) within a 24-month period. Although she enlisted for a bonus in MOS 35W, that MOS is only a placeholder MOS that converts to MOS 35N or 35P upon completion of all training.
ARMY | BCMR | CY2002 | 2002081259C070215
EVIDENCE OF RECORD : The applicant's military records show: However, there is no evidence of record available to the Board which shows the diving course that the applicant completed was an approved USASOC diver training course. Therefore, the Board determined that there is insufficient evidence on which to amend the applicant's enlisted military records to show ASI "W7."
ARMY | BCMR | CY2008 | 20080008000
d. Enlisted Record Brief (ERB), dated 17 April 2008. e. DA Form 300 (Language Proficiency Questionnaire), dated 8 August 2001, 2 April 2002, and 19 February 2008. f. Certificate of Training, dated 20 November 2001, completion of Electronic Warfare/Voice Interceptor Spanish Course. The applicants date of rank and effective date of promotion should coincide with the date he completed his proficiency training and the commander recommended the promotion. At the time the applicant enlisted...
ARMY | BCMR | CY2008 | 20080013539
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her primary specialty and military education, and award of the National Defense Service Medal. With respect to the applicant's military education, the preponderance of the evidence of record shows that the applicant completed the 23-week Basic Topographic Analyst Course at the National Geospatial-Intelligence Agency from 7 November 2007 to 17 April 2008 which is...
ARMY | BCMR | CY2001 | 2001065424C070421
The applicant states that her entry grade of PFC/pay grade E-3 was authorized, but she was enlisted in the rank of private/pay grade E-1. The opinion states that the applicant enlisted under the ACASP in MOS 98G. That all of the Department of the Army records related to this case be corrected by showing the individual concerned enlisted on 31 October 2000 in pay grade E-3.
ARMY | BCMR | CY2006 | 20060007079C080410
Gerard W. Schwartz | |Acting Director | | | | |Analyst | The following members, a quorum, were present: | | | |Chairperson | | | | |Member | | | | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant was not considered MOS qualified and eligible for promotion until completion of the required security clearance. Not withstanding the advisory opinion, the applicant was not MOS qualified, nor is there evidence that...
ARMY | BCMR | CY2008 | 20080001348
His commander initiated an informal investigation to determine if his reenlistment was fraudulent; c. the applicant did not deliberately conceal any disqualifying factor in his reenlistment. Army Regulation 635-200 (Personnel Separations) set forth the basic authority for the separation of enlisted personnel. The IO determined that the applicant's reenlistment was neither fraudulent nor defective; rather, an erroneous reenlistment.
ARMY | BCMR | CY2013 | 20130007144
The applicant's contract, dated 16 August 2010, stated she was enlisting in MOS 35P for a bonus of $5,000 and she did not become MOSQ until 25 October 2012. As specified in her enlistment contract, she was required to become MOSQ within 24 months of her enlistment. As a result, the Board recommends that all Department of the Army records and the Army National Guard of the individual concerned be corrected to: * show she enlisted in the ARNG for MOS 35P and qualified for a $5,000 enlistment...