ABCMR Record of Proceedings (cont) AR20040008322

RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 19 July 2005

DOCKET NUMBER: AR20040008322

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. Carl W. S. Chun / Director
Mr. Joseph A. Adriance / Analyst

The following members, a quorum, were present:

Mr. Ted S. Kanamine / Chairperson
Mr. John T. Meixell / Member
Mr. Lawrence Foster / Member

The Board considered the following evidence:

Exhibit A - Application for correction of military records.

Exhibit B - Military Personnel Records (including advisory opinion, if any).

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ABCMR Record of Proceedings (cont) AR20040008322

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, correction of Item 11 (Primary Specialty) and Item 14 (Military Education) of her 26 October 2002 separation document

(DD Form 214).

2. The applicant states, in effect, that she served in military occupational specialty (MOS) 91K (Medical Laboratory Specialist) from 26 August 1994 through her separation on 26 October 2002. She also states that Item 14 entry pertaining to her completion of the Medical Laboratory Specialist Advanced Course erroneously indicates the course length was 26 weeks, when in fact the course duration was from 26 April 1999 through 26 May 2000.

3. The applicant provides the following documents in support of her application: DD Form 214, Discharge Orders, Statement for Enlistment (DA Form 3286-63), United States Army Recruiting Command (USAREC) Form 978 (Continuation of Remarks, DA Form 4187), and Enlistment Contract (DD Form 4) with associated documents.

CONSIDERATION OF EVIDENCE:

1. On 26 October 2002, the applicant was honorably separated, by reason of expiration of term of service (ETS), after completing a total of 9 years, 7 months and 10 days of active military service, and 1 year, 1 month and 22 days of prior inactive service.

2. The DD Form 214 issued to the applicant upon her 26 October 2002 separation indicates, in Item 11, that she served in 91K (Medical Laboratory Specialist) for 2 years and 10 months. Item 14 contains an entry indicating that the duration of the Medical Laboratory Specialist Advanced Course completed by the applicant was 26 weeks.

3. The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in Item 22 (Civilian Education and MilitarySchools), she completed the MOS 91K Medical Laboratory Specialist basic course in 1993. Section VII (Current and Previous Assignments) of the DA Form 2-1 shows she completed advanced individual training (AIT) in MOS 91K on 17 December 1993, and that she was assigned to a 91K position with the Medical and Dental Activity (MEDDAC),

Fort Leonard Wood, Missouri on 4 January 1994.

4. The applicant’s Official Military Personnel File (OMPF) includes a copy of a Academic Evaluation Report (AER), dated 1 June 2000. This document confirms the applicant achieved the course standards of the Medical Laboratory Specialist Advanced Course. Item 11 (Duration of Course) confirms the course began on 26 April 1999 and concluded on 26 May 2000 (56 weeks).

5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains preparation instructions of the DD Form 214. The instructions for completing Item 11 state to enter the titles of all MOSs served in for at least

1 year and include for each MOS the number of years and months served. It further states that for time determination, 16 days or more count as a month; however, time in basic training and AIT will not be included. The instructions for Item 14 state that all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered.

DISCUSSION AND CONCLUSIONS:

1. The applicant’s contention that Item 11 and Item 14 of her 26 October 2002 DD Form 214 contained errors and the supporting documents she provided were carefully considered and found to have merit. However, the applicant’s claim that she began her service in MOS 91K on 26 August 1993, upon her enlistment in the Regular Army, is not supported by the evidence of record. By regulation, time spent in basic training and AIT is not creditable for MOS service purposes.

2. The applicant’s record confirms the applicant completed AIT in MOS 91K on

17 December 1993, and shortly thereafter, was assigned to duty in this MOS. As a result, it would be appropriate and serve the interest of justice to correct the 91K portion of the entry in Item 11 of her DD Form 214 to read “91K20 - Medical Laboratory Specialist - 8 years 10 months”.

3. The evidence of record also confirms the applicant’s Laboratory Specialist Advanced Course began on 26 April 1999 and concluded on 26 May 2000

(56 weeks). Therefore, it would be appropriate to correct the portion of the

DD Form 214 Item 14 entry that pertains to this course to show the duration was “56 weeks”.

BOARD VOTE:

______GRANT FULL RELIEF

___TSK _ ___JTM _ ___LF __ 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 amending her 26 October 2002 DD Form 214 as follows: Item 11 - delete the current portion of the entry pertaining to MOS 91K and replace it with the entry

“91K20 - MEDICAL LABORATORY SPECIALIST - 8 years 10 months”;

Item 14 - by deleting the current portion of the entry pertaining to the Medical Specialist Laboratory Advanced Course and replacing it with the entry “MEDICAL LABORATORY SPECIALIST ADVANCED COURSE, 56 WEEKS, 2000”; and by providing her a corrected separation document that reflects these changes.

2. The Board further determined that 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 an earlier date of MOS 91K service.

____Ted S. Kanamine____

CHAIRPERSON

INDEX

CASE ID / AR20040008322
SUFFIX
RECON
DATE BOARDED / 2005/07/19
TYPE OF DISCHARGE / HD
DATE OF DISCHARGE / 2002/10/26
DISCHARGE AUTHORITY / AR 635-200
DISCHARGE REASON / ETS
BOARD DECISION / GRANT
REVIEW AUTHORITY / Mr. Schneider
ISSUES 1. 1021 / 100.0000
2.
3.
4.
5.
6.

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