ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 16 August 2019 DOCKET NUMBER: AR20180015276 APPLICANT REQUESTS: correction of her active duty record to list: * military occupational specialty (MOS) 76V (Material Storage and Handling Specialist) as her secondary MOS (SMOS) * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 4 June 1989 through 19 June 1989 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 2 February 1989 * memorandum, Headquarters, 79th United States Army Reserve Command, dated 13 April 1989 * graduation ceremony program, MOS 76V Course, dated 16 June 1989 * DA Form 4187 (Personnel Action) * DA Form 2–1, (Personnel Qualification Record), 8 April 1988 * DD Form 214, dated 19 November 1993 * RI 20–97 (Estimated Earning During Military Service), dated 18 June 2012 * RI 20–97, dated 25 July 2018 * letter to applicant, Defense Finance and Accounting Service * packet, Docket Case Number AR20130019673 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, her SMOS is not listed for her active duty periods of service and a DD Form 214 was not completed by her assigned unit, which has since deactivated. She contends her record is in error because her active duty period of service from 4 June 1989 through 19 June 1989 is not listed and the error affects her buy back – retirement. She believes her SMOS was earned and although the period of service was only a few weeks in duration her record should be update to reflect her SMOS and period of active duty service. a. She believes the clerical error was due to an oversight by her assigned unit because her period of service was not listed on a DD Form 214, however, her SMOS is listed on other personnel actions, orders, etc. b. A previous application [Case Number AR20130019673] was submitted and should not have been administratively closed. She contends further that she was given phone numbers and emails which she called without a resolution. She was then told she should submit a second application. 3. On 15 September 1988, the applicant entered active duty for active duty training (ADT) and she was released from ADT, on 2 February 1989. Her DD Form 214 shows: * item 2 (Department, Component and Branch) – "ARMY – USAR" * item 9 (Command to Which Transferred) – "CO A QM BDE FT LEE VA TC" * item 11 (Primary Specialty Number, Title and Years and Months in Specialty) – "76P1O – MATERIAL CONTROL AND ACCOUNTING SPECIALIST (TRAINING ONLY)//NOTHING FOLLOWS" * item 14 (Military Education) – "MATERIAL CONTROL AND ACCOUNTING SPECIALIST 8 WEEKS (89)//NOTHING FOLLOWS" 4. Item 17 (Civilian Education and Military Schools) of the applicant's record copy DA Form 2-1 (Personnel Qualification Record – Part II) shows she completed the 2-week 76V MOS course at Fort Lee, VA in 1989. 5. On 3 May 1990, the applicant's request for discharge from the USAR was approved for entry into the Regular Army for a period of 4 years. A review of her available record shows that none of the below listed records include an entry for an SMOS of 76V1O. * DA Form 4187, dated 26 December 1990 * DA Form 4187, dated 30 March 1992 * DA Form 2A (Personnel Qualification Record – Part I), dated 7 April 1993 * DA Form 2–1 (Personnel Qualification Record – Part II) * DD Form 214, dated 19 November 1993 6. The applicant's record is void of orders for active duty service for periods 4 June 1989 through 19 June 1989 or orders for award of a SMOS 76V1O. 7. The applicant provides evidence to show award of SMOS 76V1O, which include the following: * memorandum, dated 13 April 1989, shows the applicant was accepted for enrollment for MOS 76V1O training course, class number 1154. Orders were scheduled to be provided prior to 29 May 1989 * graduation ceremony program with student list * DD Form 4187 for advancement to Specialist (SPC/E-4) which list primary MOS (PMOS) 76P1O and Secondary MOS (SMOS) 76V1O * DA Form 2-1, item 5 (Military Occupational Specialties) – shows SMOS 76V1O 8. Army Regulation 600-200 (Enlisted Personnel Management System), states, in effect, the Secondary Military Occupational Specialty (SMOS) or Additional Military Occupational Specialty (AMOS) provides alternate specialties for assignment when soldiers cannot be utilized in their PMOS specialty and more flexibility to centralized promotion in evaluation under the "whole person" concept. If an individual has more than one awarded MOS, one will be designated as secondary. 9. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, her period of initial entry training and award of an MOS (76P), her subsequent two week training resulting a secondary MOS (76V), the personnel action for promotion to SPC and here entry into the Regular Army. The Board found sufficient evidence to add her secondary MOS to her record, but also found that because the 76V Course was after a break in active duty service and because it was two weeks in length, it did not qualify for the issuance of a DD Form 214. The Board determined that the applicant’s secondary MOS should be added to her records and that the applicant’s 13 days of active duty should be added to her records. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted.? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: - adding to her DA Form 2A, Personal Qualification Record, Section II, item 18 (SMOS/ASI) – 76V10, and; - amending her DD Form 214 for the period of service ending 19 November 1993 to show in item 12 d. (Total Prior Active Service) – 00/05/01 vice 00/04/18. 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 issuance of a DD Form 214 for the applicant’s period of active duty from 19890604 - 19890616. 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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. a. For item 11 (Primary Specialty Number, Title and Years and Months in Specialty), enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel. For commissioned officers enter the specialty skill identifier (SSI) (two digits and one letter), title, years, and months. b. For item 12c (Net Active Service This Period), all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service. c. For item 14 (Military Education), list in-service training courses; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. d. Issue DD Form 214 to all members at the time of retirement, discharge, or release from the active Army. Members of the Army National Guard of the United States (ARNGUS) and United States Army Reserve (USAR) separated from a period of ADT or FTTD after they have served 90 days or more. e. Do not reissue DD Form 214 to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, issue a statement of service or transcript of military record. 3. Army Regulation 600-200 (Enlisted Personnel Management System), states, in effect, a MOS, including skill level character, which identifies the capability of an individual to perform duties required of MOS at current or higher grade and made a matter of record by classification authority by entry on DA Forms 20 and 2-1 (Personnel Qualification Record). The Commandants of Army service schools or other Armed Forces schools conducting training for qualification in an Army MOS and Training activity commanders are authorized to award MOS. a. For determination of skill level for PMOS there is a direct relationship between grade and skill level without regard to supervisory and nonsupervisory skills. A skill level identifies skills, proficiency, and abilities which are typically required for successful performance in that MOS at the grade with which the skill level is associated. The effective date of award of new primary military occupational specialty (PMOS) with appropriate skill level will be expected date of completion of training. The following will insure that orders awarding new PMOS with appropriate skill level are issued in time to allow entry into Standard Installation and Division Personnel Reporting System (SIDPERS) before the trainee or re-trainee leaves the installation. * Training activity commanders. * Commandants of Army service schools. * Commanders conducting On the Job (OJT) programs b. The PMOS will be designated as follows: * when an individual has only one MOS, it will be designated primary * upon completion of advanced individual training, the MOS for which trained will be designated primary that awarded MOS for which an enlistment commitment has been made will be designated as primary unless waived by individual concerned c. For other than the initial entry/trainee, there is a direct relationship between grade and skill level in primary MOS as indicated below. Under no circumstances will soldiers possess a skill level in PMOS other than that specified below. Upon promotion or reduction, soldier will be awarded the skill level appropriate to grade to which promoted or reduced. * E-1 through E-4 (Skill Level 1) * E-5 (Skill Level 2) * E-6 (Skill Level 3) * E-7 (Skill Level 4) * E-8 (Skill Level 5) d. The duty MOS (DMOS) which identifies authorized manning table position to which an individual is assigned and in which he is performing duty, or the MOS of the duty he is performing if not assigned to an authorized manning table position. A soldier undergoing schooling or OJT for qualification in a new MOS will be reported in that MOS with skill level "0" as a duty MOS (not PMOS) upon entry into training and will be reported in MOS for which being trained. Entry reflecting the training duty MOS will be made in item 35, DA Form 2-1. e. On the job training (OJT) will not result in the loss of identification of school- trained assets. Therefore, OJT will not be used to change the soldier's PMOS for the sole purpose of meeting local requirements. f. The MOS will be recorded in items 6 and 35, DA Form 2-1 (Chap 3, AR 640-2-1). (Sec procedures 2-58, 2-67, and 2-79 DA Pam 600-8-2 for submitting SIDPERS transactions for award of MOS. The entry in item 22 may be either a promotion MOS or a Career Progression Military Occupational Specialty (CPMOS). If a promotion MOS, it suffix with a "P"). g. A Soldier going to school or on OJT to qualify in a new PMOS will be reported with a SIDPERS entry in that MOS (procedure 2-22, DA Pam 600-8-1 and procedure 2- 67, DA Pam 600-8-2). That is, report duty MOS (DMOS) with skill level "0" upon entry into training. h. Soldier may submit voluntary requests for reclassification through channels to the appropriate reclassification authority. Only cases recommended for approval will be forwarded. However, soldiers who have been alerted for permanent change of station (PCS) will not be processed for voluntary reclassification until 1 year after arrival at the new unit. i. The Secondary Military Occupational Specialty (SMOS) or Additional Military Occupational Specialty (AMOS) provides alternate specialties for assignment when soldiers cannot be utilized in their PMOS specialty and more flexibility to centralized promotion in evaluation under the "whole person" concept. If an individual has more than one awarded MOS, one will be designated as secondary. ABCMR Record of Proceedings (cont) AR20180015276 2 1