BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130011989
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 Item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states the MOS codes listed on his DD Form 214 are simply wrong. There is no such thing as a 74D38 and he served as a radio operator/maintainer in pay grade E-4, not E-6.
3. The applicant provides copies of his DD Form 214, Enlisted Record Brief (ERB), promotion orders to pay grade E-7, and a printout from an Army MOS website.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 28 October 1992. He completed training as a radio operator/maintainer in MOS 31C, but it cannot be determined when he was awarded this MOS (i.e., how long the training was).
2. His first two regular assignments were as a radio operator which was redesignated MOS 25C. In July 1994 he was advanced to pay grade E-4.
3. Beginning in May 1995, the applicant was retrained in MOS 54B as a chemical, biological, radiological and nuclear decontamination specialist. This MOS was redesignated 74D. The applicant progressed in that MOS to pay grade E-7 which he attained in January 2005.
4. The applicants ERB, dated 14 April 2009, shows he held primary MOS 74D and secondary MOS 25C at that time.
5. He was retired on 28 February 2013. His DD Form 214 shows in item 11) that he held MOS 74D38 (EMPHASIS ADDED) for 17 years and 7 months and in 25C3O (EMPHASIS ADDED) for 2 years and 4 months.
5. In support of his request the applicant submitted:
* Department of the Army promotion order showing he was promoted to E-7 in 1 January 2005
* Army Portal website pages showing that Soldiers at the basic level serve in MOS 25C1O
* website pages show there is no "38" level supervisors in MOS 74D serve in 74D4O
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed 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.
7. Army Regulation 635-5 stated that for item 11 to enter the titles of all MOS served in for at least 1 year and included for each MOS the number of years and months served. Time spent in basic training and advanced individual training is not to be counted.
8. The U.S. Army Human Resources Command (HRC) has clarified that served was intended to mean held. HRC also clarified that the skill level held at the time of separation was to be entered. This guidance is clarified in the current regulation, Army Regulation 635-8 (Separation Processing and Documents), which states to enter the titles of all MOSs awarded and held for at least 1 year during the current period of service. When MOS codes merge or convert to another MOS code, separate entries for the highest skill level in each MOS held for at least 1 year are to be entered.
9. An MOS Career Progression chart, effective October 2013, shows MOS 25C progressed from skill level 3O into MOS 25W4O. Earlier charts are not available.
DISCUSSION AND CONCLUSIONS:
1. Item 11 of the DD Form 214 is intended to show MOSs held during the current period of service, not how long a Soldier served in a particular duty MOS or at a particular skill level.
2. Item 11 of the applicant's DD Form 214 is incorrect in that he held MOS 74D4O when he retired.
3. However, he held MOS 25C (as redesignated from MOS 31C) at least since sometime in 1993, and his ERB shows he held this MOS at least until April 2009 and possibly longer (as it cannot be determined if/when he was ever awarded MOS 25W, 25Cs career progression MOS). Since it appears skill level 25C3O was the last skill level in MOS 25C he held, there appears to be no error regarding the MOS itself as shown on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X__ __X______ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 deleting the entry, 74D38 from item 11 entry of his DD Form 214 and replacing it with the entry, 74D4O.
2. The Board further determined that the evidence presented was 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 amending the 25C entry in item 11 of his DD Form 214.
_______ _ 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) AR20130011989
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