IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090016682 


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 item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in military occupational specialty (MOS) 11B2O (infantryman) for 4 years and 9 months instead of 1 year and 4 months.

2.  The applicant states, in effect, that the dates shown in item 11 of his DD Form 214 are incorrect and should show 4 years and 9 months.  He points out that item 12c (Net Active Service This Period) of his DD Form 214 shows he served 4 years, 9 months, and 1 day of creditable active service.

3.  The applicant provides a copy of his DD Form 214 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's enlistment contract shows he enlisted in the Regular Army on 16 October 2003 for a period of 5 years and for infantry training.  He served as an infantryman in Kuwait/Iraq from 14 January 2006 to 22 February 2007.  His Noncommissioned Officer Evaluation Report (NCOER) covering the period 1 April 2007 through 31 March 2008 shows his primary MOS as 11B2O.  On 16 July 2008, the applicant was honorably discharged by reason of physical disability (severance pay, non-combat related).

2.  Item 11 of the applicant's DD Form 214 shows the entry "11B2O INFANTRYMAN - 1 YRS 4 MOS//NOTHING FOLLOWS."  His DD Form 214 shows, among other awards, the Combat Infantryman Badge.
 
3.  The applicant's inclusive dates of his basic training and advanced individual training (AIT) are not available.

4.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states, in pertinent part, for item 11, enter from the Enlisted Record Brief the titles of all MOS served for at least 1 year and includes for each MOS the number of years and months of service.  For time determination, 16 days or more count as a month.  Do not count basic training and AIT.
 
DISCUSSION AND CONCLUSIONS:

1.  Item 11 of the applicant's DD Form 214 shows he served in MOS 11B2O for 1 year and 4 months.  However, the evidence of record shows he enlisted for infantry training in October 2003.  It appears he was awarded MOS 11B upon completion of AIT since he received the Combat Infantryman Badge for his service in Kuwait/Iraq during the period January 2006 to February 2007 and his final NCOER covering the period April 2007 to March 2008 shows his MOS as 11B2O.

2.  The applicant's DD Form 214 shows he completed 4 years, 9 months, and 1 day of creditable active service.  Although the inclusive dates of his basic training and AIT are not available, it is reasonable to presume that this training lasted for approximately 4 months.  Since basic training and AIT do not count for time determination in item 11, item 11 on his DD Form 214 should be corrected to show he served in MOS 11B2O for 4 years and 5 months.
 
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:

	a.  deleting the entry in item 11 of his DD Form 214 and

	b.  adding the entry "11B2O INFANTRYMAN - 4 YRS 5 MOS//NOTHING FOLLOWS."

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 amending item 11 of his DD Form 214 to show he served in MOS 11B2O for 4 years and 9 months.



      __________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)                                         AR20090016682



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ABCMR Record of Proceedings (cont)                                         AR20090016682



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