IN THE CASE OF:  	 

		BOARD DATE:  25 August 2015	    

		DOCKET NUMBER:  AR20150001150


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) as 68W (Health Care Specialist (Combat Medic)) exclusively, as opposed to incorrect MOSs that are currently shown.    

2.  The applicant states he has been a combat medic his entire 23-year plus career.  The following MOSs are wrong in item 11 (Primary Specialty) of his     DD Form 214 and should be removed as he has never held those MOSs:

* 91A - M1 Abrams Tank System Maintainer
* 91B - Wheeled Vehicle Mechanic
* 91W - Metal Worker

3.  The applicant also requests item 18 (Remarks) of his DD Form 214 reflect his foreign service time in Iraq as a Military Transition Team (MiTT) member, from June 2009 to August 2010.

4.  The applicant states this period of foreign service was erroneously left off his DD Form 214.

5.  The applicant provides a copy of his DD Form 214, three promotion orders, and 19 DA Forms 2166-7 and 2166-8 (NCO Evaluation Report).



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 16 February 1988.  He completed the Medical Specialist Course on 6 May 1988 and was awarded MOS 91A (Medical Specialist) [known now as 68W].  Upon the completion of his MOS training, he was assigned to Headquarters Support Company, 25th Medical Battalion, Schofield Barracks, HI, for duty as an Ambulance Aide Driver.  

3.  A review of his record reveals the following:

     a.  an Enlisted Record Brief (ERB), dated 7 February 2010, which shows both his primary MOS as 68W and duty MOSs as 91A, 91B, 91W, or 68W, with duty titles that are all related to the medical specialist field;

     b.  a Certificate issued by the 1st Infantry Division that shows he completed the MiTT Training Class #65 from 15 January 2009 to 18 March 2009; and

     c.  a Bronze Star Medal Certificate with Citation, issued by the Deputy Commanding General – Operations, by Permanent Orders 175-072, dated        24 June 2010, for exceptionally meritorious service as the Team Medic and Medical Advisor for the 1st (Mechanized) Brigade, Federal Police Transition Team, US Forces – Iraq, from 10 September 2009 to 1 August 2010. 

4.  He was honorably retired from the Army on 31 December 2011 in the rank/grade of sergeant first class/E-7.  His DD Form 214 shows he completed 
23 years, 10 months and 15 days of net active service.  His DD Form 214 shows in:

     a.  Item 11 (Primary Specialty), the entries:

* 68W40  Health Care Specialist - 7 YRS 3 MOS
* 91A10  M1 Abrams Tank System Maintainer - 1 YRS 7 MOS
* 91B40  Wheeled Vehicle Mechanic - 13 YRS 8 MOS
* 91W50 Metal Worker - 1 YRS 1 MOS

     b.  Item 18 (Remarks), the entry "Service in Iraq 20030408-20030704"

5.  His record contains a DD Form 214C (Certificate of Release or Discharge from Active Duty (Continuation Sheet)) that shows: 

* Service in Iraq  20090910-20100726
* Combat Service in Support of Operation Iraqi Freedom  
030408-030704 and 090910-100726 

6.  The applicant provides:

     a.  Orders 317-140 issued by Headquarters, 25th Infantry Division (Light), Schofield Barracks, Hawaii on 27 December 1989, which promoted him to sergeant in his primary MOS 91A20, effective 1 January 1990.

     b.  Orders 202-121 issued by 5th Personnel Service Company, Fort Polk, Louisiana on 25 October 1993, which promoted him to staff sergeant in his primary MOS 91B30, effective 1 November 1993.

     c.  Orders 258-22 issued by U.S. Total Army Personnel Command, Alexandria, Virginia on 15 September 1998, which promoted him to sergeant first class in his primary MOS 91B40, effective 1 October 1998.  

     d.  Nineteen DA Forms 2166-7/2166-8 (NCO Evaluation Report) that show he was evaluated in his primary MOS (91B, 91W, or 68W) with duty titles that are all related to the medical specialist field.

7.  There is no evidence in his record that changes or authorizes a change to his MOS or that he worked in any other MOS that is not related to Medical Specialist/Health Care Specialist.  

8.  Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) gives procedures and prescribes the method of developing, changing, and controlling officer, warrant officer, and enlisted military occupational classification structure.  Authorized changes are issued by the Department of the Army G-1 through a Notice for Future Change (NOFC).  In September 1999, a NOFC was issued that changed MOSs 91A and 91B, [both known then as medical specialist] to MOS 91W and then further changed to the current known MOS 68W.          
9.  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 established standardized policy for preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

   a.  Item 11 of the DD Form 214 documents the codes and titles of all MOS's 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.  
   
   b.  In item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his primary MOS as 68W (Health Care Specialist (Combat Medic)) exclusively, as opposed to incorrect MOSs that are currently shown, was carefully considered. 

2.  The evidence of record shows he completed his initial entry training and was awarded MOS 91A on or about 6 May 1988.  MOSs 91A, 91B, and 91W are all historical predecessors to the current MOS 68W.  He served as a medical specialist/health care specialist (MOS 91A, 91B, 91W and 68W) his entire period of military service, minus the time he spent in initial entry training.  

3.  In accordance with applicable regulations in effect today, and at the time of his retirement, the incorrect MOSs listed on his DD Form 214, accurately depict those specialty titles associated with those MOSs and as such were listed in error.  His record clearly indicates he was not awarded those MOSs; therefore, it would be appropriate to delete those MOSs from item 11 of his DD Form 214.  

4.  His request for correction of item 18 of his DD Form 214, to show his period of foreign service as a MiTT member in Iraq from June 2009 to August 2010, was also carefully considered.  His record contains a DD Form 214C that shows he served in Iraq from 20090910-20100726.  His record also shows he was awarded the Bronze Star Medal for his service in Iraq as a MiTT member for the same time period.  This time frame is approximately the same time frame as his contention.  Therefore, it appears that this period of foreign service in Iraq is already appropriately documented by the way of his DD Form 214C.  Therefore, there is no basis to grant this portion of his request.   

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:

     a.  deleting from item 11 of his DD Form 214 the entries:

* 91A10  M1 Abrams Tank System Maintainer - 1 YRS 7 MOS
* 91B40  Wheeled Vehicle Mechanic - 13 YRS 8 MOS
* 91W50  Metal Worker - 1 YRS 1 MOS
* 68W40  Health Care Specialist - 7 YRS 3 MOS; and

     b.  adding to item 11 of his DD Form 214 the entry "68W40  Health Care Specialist - 23 YRS 7 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 correcting his DD Form 214 to show he served in Iraq from June 2009 to August 2010, as this period of foreign service is already reflected on his DD Form 214C. 




      _______ _  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)                                         AR20150001150



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