IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140000793
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 reconsideration of his previous request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in Iraq in military occupational specialty (MOS) 88M (Truck Driver).
2. The applicant defers his statement to the documentation provided with his application.
3. The applicant provides:
* DD Form 214 for the period ending 14 January 2005
* Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim)
* a document that lists previous periods of activity
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130004700, on 22 October 2013.
2. He has submitted new evidence that this Board will now consider.
3. He provided a DD Form 214 that shows he entered active duty on 24 August 2004 and completed 6 weeks of formal instruction in MOS 88M (Motor Transport Operator) in 2005. He was honorably released from active duty training on 14 January 2005 and transferred to Headquarters and Headquarters Company, 336th Transportation Group, Fort Sheridan, IL, as a U.S. Army Reserve (USAR) Soldier. Item 11 (Primary Specialty) of his DD Form 214 for this period shows he was awarded MOS 88M for successfully completing the required training.
4. He entered active duty on 16 November 2005.
5. His record contains a DA Form 1059 (Service School Academic Evaluation Report) which shows he attended and successfully completed the 14S (Avenger Crewmember) course from 21 November 2005 through 14 February 2006.
6. A review of his record in the U.S. Army Human Resources Command (HRC) Integrated Web Services (IWS) portal contains a portion of his USAR record that was transferred to the Active Army on 3 March 2006. The skills data section shows his PMOS as 88M1O and the mobilization campaign data section does not contain any information. IWS does not contain an Active Army record for the applicant.
7. His record contains an Enlisted Record Brief (ERB), dated 27 August 2007. The Overseas/Deployment Combat Duty section does not show any deployments. His primary MOS (PMOS) is shown as 14S and the secondary MOS (SMOS) field is blank. The assignment information section shows he served in Korea and then Fort Hood, TX, in MOS 14S.
8. His record does not contain any orders awarding him a SMOS.
9. On 2 October 2007, he was honorably discharged from service for parenthood after completing 1 year, 10 months, and 17 days of active service, 4 months and 21 days of prior active service, and 11 months and 25 days of prior inactive service. Item 11 of his DD Form 214 for this period shows he held MOS 14S for a period of 1 year and 8 months. This form also shows he completed 1 year and 1 day of foreign service during this period of active duty.
10. He provided a document that shows previous periods of activity and shows various periods and positions:
* from 30 July 2004 to 1 December 2004 - basic trainee
* from 24 August 2004 to 5 October 2005 - no position listed
* from 2 December 2004 to present - 88M
10. Army Regulation 635-5 (Separation Documents), in effect at the time, 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. Chapter 2 contains guidance on the preparation of the DD Form 214 and states:
a. enter the titles of all MOSs served in for at least 1 year in item 11 and to include the number of years and months served in for each MOS.
b. the total amount of foreign service completed during the period of active service covered by the DD Form 214 will be entered as "YYYY MM DD" in item 12f (Foreign Service) of the form; and
c. for item 18 (Remarks) for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided a DD Form 214 for the period ending 14 January 2005 that shows he was awarded MOS 88M after he completed the required active service and was released from active duty training to his USAR unit.
2. On 16 November 2005, he entered active duty for the purpose of completing training in MOS 14S. He successfully completed that training on 14 February 2006 and went on to serve an additional 1 year and 8 months on active duty in Korea and Fort Hood, TX. He was discharged on 2 October 2007 due to parenthood. The evidence shows his MOS was reclassified after he served 10 months and 7 days in MOS 88M.
3. His record does not contain and he has not provided any documentation, such as an order that shows he was awarded 88M as a secondary MOS. Furthermore, his record is void of and he has not provided sufficient evidence to show he served in Iraq at any time during his period of active duty service. As such, he is not entitled to correction of his DD Form 214, for the period ending
2 October 2007, to add this MOS or show he served in Iraq.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130004700, dated 22 October 2013.
_______ _ 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) AR20140000793
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ABCMR Record of Proceedings (cont) AR20140000793
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