IN THE CASE OF:	  

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140013319 


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 records to show his correct military occupational specialty (MOS) and rank/grade.

2.  The applicant states that he was appointed as a commissioned officer in the rank of second lieutenant (2LT)/pay grade O-1E (credit for experience from more than 4 years enlisted service) in August 1993.  His specialty was supposed to be MOS 66H (Medical - Surgical Nurse); however, some of his military records show MOS 66J (Clinical Nurse).  He states MOS 66J was subsequently removed from the officer MOS inventory.  He also states that he served in the U.S. Army Reserve (USAR) for 3 years and was eligible for promotion in August 1996; however, the paperwork was not initiated in a timely manner.  He was transferred to the USAR Control Group (Retired Reserve) in September 1996 before being promoted to first lieutenant (1LT)/pay grade O-2E.

3.  The applicant provides copies of a DA Form 5074-1-R (Record of Award of Entry Grade Credit – Health Services Officers), DA Form 4651-R (Request for Reserve Component Assignment or Attachment), reassignment orders, and a
DA Form 67-8 (Officer Evaluation Report (OER)).

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 had prior honorable enlisted service in the Regular Army and USAR from 31 August 1973 through 28 August 1993.  He was awarded MOS 91C (Practical Nurse) and he attained the rank of sergeant first class/pay grade E-7.

3.  On 2 July 1993, the Chief, Retired Activities Division, USAR Personnel Center, Personnel Center, St. Louis, MO, notified the applicant that his eligibility for retired pay had been established upon attaining age 60 (a 20-Year letter).

4.  A U.S. Total Army Personnel Command, St. Louis, MO, memorandum, dated 
23 August 1993, shows the applicant accepted appointment as a Reserve commissioned officer in the rank of 2LT and MOS 66J, effective 29 August 1993.

5.  His DA Form 2-1 (Personnel Qualification Record) shows in –

* item 6 (MOS):  66J, Clinical Nurse, 29 August 1993
* item 17 (Civilian Education and Military Schools) –

* Meramec College, Liberal Arts, 2 Years, Associate's in Arts (AA) Degree, 1980
* Flo Valley College, Nursing, 2 years, AA in Science, 1992
* Army Medical Department Officer Basic Course, 2 weeks, 1994
* Maryville University, Nursing, 50 credit hours

* item 18 (Appointments and Reductions):  2LT, USAR, 12 January 1993
* item 33 (Date – Prepared):  18 March 1996
* item 34 (Signature):  the applicant signed the form
 	
6.  Two DA Forms 268 (Report to Suspend Favorable Personnel Actions (Flag)) pertaining to the applicant show –

* a transferrable flag (based on Army Physical Fitness Test (APFT) failure) was initiated on 30 October 1994
* the flag (based on APFT failure) was transferred on 15 September 1996

7.  A DA Form 4651-R, dated 15 September 1996, shows the applicant requested transfer to the USAR Control Group (Retired Reserve), effective 
30 September 1996.  Item 3 (Name and Current Address) shows he entered in block d (Grade) "2LT" and in block g (Primary MOS) "66H."

8.  Headquarters, USAR Command (USARC), Atlanta, GA, memorandum, dated 11 October 1996, approved the applicant's request under the provisions of Army Regulation (AR) 140-10 (Assignments, Attachments, Details, and Transfers), chapter 6 (Transfer to and from the Retired Reserve), paragraph 6-1 (Eligibility).

9.  Headquarters, USARC, Atlanta, GA, Orders 96-282-041, dated 8 October 1996, reassigned the applicant to the USAR Control Group (Retired Reserve) effective 30 September 1996.  The authority was AR 140-10 based on "nonselect for retention."  The Standard Name Line (SNL) shows his rank as "2LT."

10.  A review of his military personnel records failed to reveal any orders or an appointing document that shows he was awarded MOS 66H or promoted to 1LT.

11.  In support of his application the applicant provides the following documents.

   a.  DA Form 5074-1-R, dated 30 August 1993, that shows in item 4 (Specialty in which Appointed) the entry "66H00/66J00."  It also shows he was granted 
7 months and 17 days total constructive credit for the grade of 2LT.

   b.  DA Form 4651-R, dated 9 June 1994, that shows the applicant requested transfer to the 21st Hospital, St. Louis, MO, effective 1 July 1994.  Item 3 shows he entered in block d "O1E" and in block g "66H."
   
   c.  Headquarters, 102nd USARC, St. Louis, MO, Orders 097-073, dated
22 June 1994, that show he was reassigned to the 21st General Hospital Base, St. Louis, MO, effective 2 July 1994.  The SNL shows his rank as "2LT" and his MOS as "66H."

   d.  An OER (front page only) for the period 2 July 1995 through 1 July 1996.   Part I (Administrative Data), block c (Grade) shows "2LT" and block f (Designated Specialties) shows "66H."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military personnel records should be corrected to show he held MOS 66H and that he was promoted to 1LT (O-2E).

2.  Records show he accepted appointment as a Reserve commissioned officer in the rank of 2LT and MOS 66J, effective 29 August 1993.  On 18 March 1996, the applicant reviewed his Personnel Qualification Record and confirmed with his signature that his rank was 2LT and his MOS was 66H.

3.  The sincerity of the applicant's comments regarding MOS 66H is not in question.  In fact, the documents that he provides show MOS 66H.  However, 
it cannot be determined if the MOS was awarded as his primary MOS or as an additional MOS.
   
   a.  There are no orders or any other evidence that shows he was awarded MOS 66H.

   b.  Thus, based on the evidence of record, it is concluded that his military personnel records accurately reflect his MOSs.

4.  Records show that a flag was initiated on 30 October 1994 that suspended favorable personnel actions pertaining to the applicant.  At the time, he held the rank of 2LT.  Records also show a flag was in effect when he was transferred to the USAR Control Group (Retired Reserve).

   a.  The applicant provides no documentary evidence in support of his claim that he was promoted to 1LT (O-2E).

   b.  The orders that reassigned the applicant to the USAR Control Group (Retired Reserve) on 30 September 1996 show he held the rank of 2LT (O-1E).

   c.  There are no orders or any other documentary evidence that shows he was promoted to the rank of 1LT.

   d.  Thus, based on the evidence of record, it is concluded that his military personnel records accurately reflect his rank and pay grade.

5.  Therefore, in view of all of the foregoing, there is no basis for correcting the applicant's military personnel records.


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 for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20140013319



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ABCMR Record of Proceedings (cont)                                         AR20140013319



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