IN THE CASE OF:	  

		BOARD DATE:	    19 May 2011

		DOCKET NUMBER:  AR20100027284 


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 his military occupational specialty (MOS) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 May 2004 be corrected to show 12B1O instead of 21B1O.

2.  The applicant states the numbers were transposed when his MOS was entered on his DD Form 214.

3.  The applicant provides:

* DD Form 214
* Certificate of Training
* orders to active duty

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He enlisted in the California Army National Guard on 9 December 2002.

3.  He submitted a certificate from the Regional Training Institute, 164th Regiment, 1st Engineer Training Battalion.  This certificate shows he attended the 12B1O Combat Engineer – Class 002-03-Reserve Component from 25 April to 10 May 2003 and graduated on 10 May 2003.

4.  He was ordered to active duty as a member of his unit, Company B, 579th Engineer Battalion, effective 14 May 2003 for continental United States deployment in support of Operation Noble Eagle.

5.  On 13 May 2004, he was released from active duty.  Item 11 of his DD Form 214 shows his MOS as 21B1O.

6.  Department of the Army Pamphlet 611-21 lists the MOS for combat engineer as 12B.

DISCUSSION AND CONCLUSIONS:

He was a graduate of the Combat Engineer Course for MOS 12B.  Department of the Army Pamphlet 611-21 lists MOS 12B as combat engineer.  Therefore, the entry in item 11 of his DD Form 214 is clearly a typographical error.  Item 11 should be changed to show MOS 12B1O instead of 21B1O.

BOARD VOTE:

___X____  __X_____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 

Department of the Army records of the individual concerned be corrected by changing item 11 of his DD Form 214 to show his MOS as 12B1O.



      ___________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)                                         AR20100027284



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ABCMR Record of Proceedings (cont)                                         AR20100027284



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