MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           21 August 2001                  
	DOCKET NUMBER:   AR2001056840

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

	Mr. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. William D. Barr		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That his military records be corrected to show that he enlisted into the Army at the rank of sergeant.

APPLICANT STATES:  In effect, that he separated from the US Marine Corps (USMC) in the grade of sergeant.  Upon inquiring about enlisting in the Army, he was informed that to do so he must take a reduction of one grade to specialist.  This reduction was required because the military occupational specialty (MOS) that he held in the USMC, MOS 2531, Field Radio Operator, was not transferable to the Army.  He recently learned that this information was incorrect, that in fact, MOS 2531 equates to Army MOS 31C, Radio Operator-Maintainer. 

In support of his request, he submits a copy of his DD From 214 (Separation Document), a certificate which indicates he completed the Marine Corps Field Radio Operator course, a copy of the course description, and Military Personnel (MILPER) Message Number: 00-068. 

EVIDENCE OF RECORD:  The applicant's military records show:

He entered active duty in the USMC on 26 December 1995, was trained in MOS 2531 (Field Radio Operator), achieved the grade of sergeant and was honorably separated on 13 December 1999.  

He enlisted into the Army on 7 February 2000, at the rank of specialist.  He is currently a specialist on active duty.

A USMC certificate indicates that the applicant completed the Sergeants Nonresident Program on 24 February 1999.

In the processing of the case an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER).  The opinion concluded that the applicant met the criteria for enlistment into the Army as a sergeant.  The opinion was based on the facts that the applicant was a sergeant in the USMC, he had been out of the military less than seven weeks, was still within the reserve system, and had provided proof of completion of the Field Radio Operator Course which converts to Army MOS 31C.  Further, if no MOS 31C vacancy existed, the applicant should have been offered retraining in a shortage MOS and been allowed to keep his grade of sergeant.  It was recommended that his pay grade at enlistment be adjusted to sergeant. 

The ODCSPER advisory was provided to the applicant, however, he did not respond.

In the processing of the case a telephonic advisory opinion was also obtained from the US Army Total Army Personnel Center (PERSCOM), Eligibility Inquiry Section.  The opinion concluded that the applicant’s USMC MOS 2531, did not translate to any Army MOS and there were no vacancies for MOS 31C for E5s at the time the applicant enlisted.  Lastly, the applicant could not be enlisted into the Army at grade E-5 because he was not a graduate of a resident PLDC course.

The PERSCOM advisory opinion was forwarded by letter to the applicant.  He did not respond with any additional comments, but submitted copies of documents he had previously provided.

A Military Personnel Message Number 00-068 reflects that MOS 31C is authorized selective reenlistment bonuses.

AR 601-210 provides, in pertinent part, that applicants who last separated from any Component or is a current member of a Reserve Component in grade, E-5 with not more than 10 years active federal service will have enlistment grade and eligibility determined by the Commanding General, PERSCOM.

A review of Department of Defense Occupational Conversion Index, Enlisted Conversion Tables indicates that USMC MOS 2531 does not convert to 31C or any other Army MOS.

AR 600-8-19 provides, in pertinent part, that effective 1 October 1993 the noncommissioned officer education system requirement for promotion to sergeant is graduate of the Primary Leadership Development Course (PLDC).  A follow up message from PERSCOM clarified that the USMC NCO course was equivalent to PLDC, but completion of the USMC Noncommissioned Officers (NCO) course by correspondence did not satisfy the PLDC equivalency requirement.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  A review of the governing regulations and the applicant’s records indicate that he was properly advised that his USMC MOS did not convert to MOS 31C and he was properly denied enlistment at the rank of sergeant.  The ODCSPER advisory opinion while supportive of the applicant’s request is flawed.  It stated that the applicant should have been enlisted at grade E-5 based on his providing his DD Form 214 and proof of completion of the USMC Field Radio Operator Course and that the course converted to MOS 31C.  However, the    

DD Form 214 is not the basis for determining grade determination and the DOD regulation containing the MOS conversion tables indicates that the applicant’s USMC MOS does not convert to 31C.  

The ODCSPER advisory opinion did not provide regulatory or other evidence needed to persuade the Board to accept its opinion over the regulatory supported opinion of its subordinate element - PERSCOM.

2.  It was necessary to seek an additional advisory opinion because the enlistment regulation (AR 601-210) directs enlistment officials to query PERSCOM for grade determination decisions.  They determined that the applicant did not qualify for MOS 31C or enlistment at grade E-5.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jev____  ____wdb_  ____bje _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001056840	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010821	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.05	
2.		
3.		
4.		
5.		
6.