IN THE CASE OF: BOARD DATE: 21 June 2011 DOCKET NUMBER: AR20100029602 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, in effect, that item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served as a special operations weapons sergeant for 2 years and 4 days and as an infantryman for 9 months and 18 days. 2. The applicant states he deserves an accurate record of his service. 3. The applicant provides his Special Forces Qualification Course (SFQC) certificate of completion. 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 Regular Army on 1 February 1983. He was awarded the military occupational specialty (MOS) of infantryman (11B1O) on 6 May 1983. 3. He successfully completed SFQC and was awarded the special forces special qualification identifier (SQI) "S" on 15 November 1983, giving him the new MOS 11B1S. 4. On 1 September 1984, the applicant was awarded MOS 18B1O (special forces weapons sergeant) and MOS 11B1S was withdrawn based on creation of the MOS 18-series to replace the SQI "S." 5. On 22 November 1985, he was honorably discharged with severance pay due to physical unfitness. The DD Form 214 he was issued shows he served in MOS 18B2O for 1 year and 1 month and in MOS 11B2O for 1 year and 3 months. 6. Army Regulation 635-5 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. For item 11, it states to enter the titles of all MOSs served for at least 1 year and to include the number of years and months served. DISCUSSION AND CONCLUSIONS: 1. The applicant's service in his two MOS is as follows: 84 09 01 (awarded MOS 18B1O) 83 05 06 (awarded MOS 11B1O) 01 03 25 +01 (inclusive day) 01 03 26 (time served in MOS 11B1O) 85 11 22 (discharged) 84 09 01 (awarded MOS 18B1O) 01 02 21 +01 (inclusive day) 01 02 22 (time served in MOS 18B1O) 2. While the time served in his two MOS's which is recorded on the applicant's DD Form 214 is nearly correct, it is confusing because the applicant was a special forces weapons sergeant when the Army changed special forces MOS identifiers from an SQI of "S" to its own MOS 18-series. 3. Consolidating the applicant's service as a special forces weapons sergeant, he served as an infantryman: 83 11 15 (awarded SQI "S") 83 05 06 (awarded MOS 11B1O) 00 06 09 +01 (inclusive day) 00 06 10 (time served in MOS 11B1O) 4. He served as a special forces weapons sergeant: 85 11 22 (discharged) 83 11 15 (awarded SQI "S") 02 00 07 +01 (inclusive day) 02 00 08 (time served as special forces weapons sergeant) 5. Therefore, it would be equitable to correct item 11 of the applicant's DD Form 214 to read: "18B1O Special Operations Weapons Sergeant, 2 years//11B1O Infantryman, 6 months." BOARD VOTE: ________ ________ ________ 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 amending item 11 of his DD Form 214 to read "18B1O Special Operations Weapons Sergeant, 2 years//11B1O Infantryman, 6 months." 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 other changes to the time he served in his two MOS's. _______ _ 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) AR20100029602 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100029602 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1