PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:         4 November 1998  
	DOCKET NUMBER:   AC98-09771

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records
	Exhibit B - Military Personnel Records (including advisory opinion, 
	             if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show his effective date for award of Military Occupational Specialty (MOS) 67S as 1 October 1996. 

3.  The applicant states that he completed the OH-58D Transition Course, and was given orders awarding him MOS 67S, effective 1 October 1996.  Upon his nonselection for promotion by the 1997 SFC Selection Board, he realized he had been considered in his previous MOS of 67Y.    After his inquiry the Total Army Personnel Command (PERSCOM) instructed him to submit a DA Form 4187, requesting reclassification into 67S, explaining that the orders he received had no reclassification control number and were invalid. 

4.  The applicant’s military records show that on 29 September 1997, and         12 January 1998, he submitted requests for reclassification to MOS 67S with an effective date of 1 October 1996.

5.  On 13 February 1998, PERSCOM approved his reclassification request with an effective date of 13 February 1998, the date of their memorandum to his command, with instructions to reassign him locally to a position in his new PMOS within 30 days.  The applicant’s Noncommissioned Officer Evaluation Reports (NCOER’s) indicate he had already been rated twice in the Primary MOS (PMOS) of 67S prior to PERSCOM’s memorandum.  

6.  On 2 October 1998, the Commander, PERSCOM, recommended that the applicant’s request for reconsideration be denied based on the reclassification effective date of 13 February 1998. 

7.  The applicant was recommended by the 1998 SFC Selection Board, and assigned sequence number 17, in MOS 67S. 

CONCLUSIONS:

1.  It appears the applicant was unaware that the MOS orders issued to him on  1 October 1996 were invalid, until he inquired about his consideration in MOS 67Y by the 1997 SFC Selection Board. 

2.  Soldiers in his previous MOS 67Y were being reassigned, as a result of forced modernization into MOS 67R, 67S, 67T and 67U, therefore, had his command followed the proper procedures his reclassification could have been approved prior to the convene date of 1997 SFC Selection Board (28 May 1997), and he would have been considered in MOS 67S.    

3.  In view of the foregoing, and in the interest or justice, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected: 

a.  by changing the applicant’s effective date of the award of MOS 67S to 1 October 1996; and ,

	b.  by sending the applicant’s records before an Army Standby Advisory Board as a reconsideration under the criteria of 1997 SFC Selection Board for  MOS 67S.

BOARD VOTE:  

__JEV___  __LLS__  __TNK__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON