IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150002530 


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 a third Meritorious Unit Commendation (MUC) and each duty military occupational specialty (DMOS) in which he served.

2.  The applicant states:

	a.  He was awarded three MUCs and his DMOSs are not reflected on his DD Form 214.

	b.  The civilian who prepared his DD Form 214 prior to his departure from Germany did not transcribe the information as shown on his Enlisted Record Brief (ERB) and Non-commissioned Officer Evaluation Reports (NCOERs).

3.  The applicant provides:

* DD Form 214
* five NCOERs
* three Memoranda
* two MUC certificates and citations
* Permanent Order
* Letter dated 21 January 2010


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 30 October 2002.  The DD Form 1966/1-3 (Record of Military Processing – Armed Forces of the United States), prepared during his enlistment processing, shows he enlisted for training in and to receive a bonus in MOS 31S (Satellite Communications System Operator Maintainer).  However, there are no documents on file to show he was ever awarded the MOS.

2.  On 30 November 2006, he was honorably discharged for the purpose of immediate reenlistment.  On 1 December 2006, he reenlisted in RA for training in MOS 25B (Information Systems Operator).

3.  On 1 August 2007, the applicant was promoted from specialist/E-4 to sergeant/E-5 in MOS 25Q (Multichannel Transmission Systems Operator-Maintainer).

4.  His Official Military Personnel File (OMPF) contains a DA Form 1059 (Service School Academic Evaluation Report) dated 16 November 2007.  It shows he achieved course standards and completed the Information Technology Specialist Course during the period 2 July through 21 November 2007.

5.  A DA Form 2166-8 (NCO Evaluation Report (NCOER) shows he was assigned for duty with Battery C, 1st Battalion 21st Field Artillery Regiment, 42nd Military Police Brigade during the period 1 August 2007 to 31 July 2008.  His OMPF contains six NCOERs which evaluated him in PMOS 25B from 1 August through 18 June 2012.

6.  His record contains no evidence or orders to show when his primary MOS (PMOS) was changed from 31S to 25Q or 25B.  On 19 December 2008, he was again discharged from active duty for the purpose of immediate reenlistment.

7.  On 20 December 2008, the applicant reenlisted for the final time.  His ERB shows:

	a.  Section I (Assignment Information) – Oversea (O/S) Deployment Combat Duty, shows he served in the following foreign locations:

* Germany (7 January 2004 – 2 July 2007)
* Iraq (8 October 2005 – 27 September 2006)
* Iraq (19 April 2008 – 13 July 2009)

	b. Section IX (Assignment Information) – DMOS, shows he served in the following DMOS’s during his tenure on active duty:

* 25Q
* 31S
* 31L
* 25F
* 25B
* 35F
* 25U

8.  On 18 December 2012, the applicant retired from active duty by reason of permanent disability.  Item 11 (Primary Specialty) of his DD Form 214 shows held MOS 25Q for 4 years and MOS 25B for 5 years and 1 month.

9.  Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 includes the MUC (2nd Award).  He completed a total of 10 years, 1 month, and 19 days of creditable active duty service.

10.  The applicant provides:

	a.  Headquarters and Headquarters Battery, 41st Fires Brigade, Memorandum, dated 21 January 2010.  It shows he was appointed in DMOS 35F from October 2008 to July 2009.

	b.  Permanent Orders 061-13 dated 2 March 2010, issued by Army Human Resources Command which announced the award of the MUC to Batter C, 1st Battalion, 21st Field Artillery Regiment, during the period 10 June 2008 through 18 July 2009.

	c.  Two certificates which announced the MUC to the 32nd Signal Battalion, for meritorious service in support of military operations during the periods 19 March 2003 to 1 February 2004 and from 8 October 2005 to 5 October 2006.  (The applicant’s ERB does show he was assigned to the Company C, 32nd Signal Battalion from 7 January 2004 to 13 December 2007.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the active Army.  Chapter 2 contains guidance for preparation and distribution of the DD Form 214 and states to enter the titles of all MOSs or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include for each MOS/AOC the number of years and months held.  For the time determination, 16 days or more count as a month.  Time served in basic training and advanced individual training does not count.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 11 and 13 of his DD Form 214 should be corrected.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The evidence of record confirms the applicant was authorized the MUC (2nd Award) as evidenced by the entry on his DD Form 214 and the two certificates he provides which announced these awards for his service with the 32nd Signal Battalion.  He also provides orders which awarded the MUC to the 21st Field Artillery Regiment for a period during which he was assigned for duty with this unit.  Therefore he is authorized a third MUC as he claims and this award should be added to his DD Form 214 at this time.

3.  By regulation, all MOSs which a member held and served in for a minimum of one year should be shown on the separation document; however, time spent in basic training and AIT are not counted.

4.  The evidence of record confirms the applicant enlisted to serve in and receive a bonus in MOS 31S and it also confirms he served in multiple DMOSs.  However, there are no MOS orders on file in his OMPF announcing his award of any MOS at any time during his military service.  Nevertheless, his OMPF does contain official orders that confirm he was promoted from SPC to SGT in MOS 25Q on 1 August 2007.  In addition, he completed training MOS 25B in November 2007 and he was evaluated in this MOS from this time through 18 June 2012, as reflected each of on his NCOERs on file.  As a result, the evidence of record confirms the applicant held MOSs 25Q and 25B during his active duty service and these are the two MOSs currently listed in item 11 of his DD Form 214.  Inasmuch as his OMPF does not show he was awarded or held any other MOS while on active duty, there are no provisions for adding the DMOS to his DD Form 214 and this portion of his requested relief should be denied.


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 Meritorious Unit Commendation (2nd Award) from item 13 of his DD Form 214 and replacing it with the Meritorious Unit Commendation (3rd Award) and issuing him a corrected document to reflect this correction.

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 correcting item 11 of his DD Form 214 to list all of the DMOS in which he served.  




      _____________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)                                         AR20150002530





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150002530



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1