RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  5 June 2007
	DOCKET NUMBER:  AR20060012793 


	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. Gerard W. Schwartz

Acting Director

Mr. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Joe R. Schroeder

Member

Mr. Chester A. Damian

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).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the entries at Item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected.

2.  The applicant states, in effect, that his primary military occupational specialty (PMOS) was always 11B (Light Weapons Infantryman).  MOS 63B (Light Wheeled Vehicle Mechanic) was his secondary MOS (SMOS) and he never really served in his secondary MOS.

3.  The applicant provides copies of his 28 February 1995 DD Form 214 and three sets of military orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 28 February 1995, the date of his retirement.  The application submitted in this case is dated 1 September 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The records show the applicant entered active duty on 16 February 1973, completed training, and was awarded the MOS 11B.

4.  Headquarters 82nd Airborne Division Orders 100-19, dated 29 May 1986, show the applicant reenlisted in his primary MOS (PMOS) of 11B.

5.  On an unknown date, the applicant was awarded SMOS 63B4O.  Headquarters, XVIII Airborne Corps and Fort Bragg Orders 219-81, dated 21 November 1986, withdrew SMOS 63B4O and awarded him SMOS 63B4X with an additional skill identifier.



6.  Department of the Army, Total Army Personnel Command Orders Number 179-4, dated 24 October 1990, promoted him to master sergeant in his PMOS of 11B.

7.  The DA Form 2-1 (Personnel Qualification Record) Section II, item 6 (Military Occupation Specialties) is blank.  

8.  The DA Form 2-1, Section VII (Current and Previous Assignments) shows the applicant served in the MOS 11B from the date it was first assigned (27 May 1973) until his retirement, except for the periods he served in duty MOS 16P (Redeye Crewmember) from 6 October 1975 through 18 March 1977, for a period of 1 year and 5 months; or 63B from 19 March 1977 through 25 April 1978, for a period of 1 year and 1 month.

9.  The record contains no official award of the MOS 16P.

10.  The record indicates the applicant was awarded the SMOS 63B at approximately the same time he reenlisted in 1977, having completed 6 months on the job training (OJT).  He retained this SMOS for the remainder of his period of service (17 years and 2 months).

11.  A 22 September 1994 Personnel Qualification Record, Part I lists the applicant's PMOS as 11B and a SMOS as 63B.

12.  The applicant attained the rank and position of first sergeant (1SG) (E-8) and was honorably retired on 28 February 1995.  He had 22 years and 15 days of creditable active service.

13.  Item 11, on the 28 February 1995 DD Form 214, shows service in MOS 11B5O of 0 years and 0 months and in MOS 63B5O of 17 years and 2 months.

14.  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 and establishes standardized policy for preparing and distributing the DD Form 214.  Entries at Item 11 (Primary Specialty) are to be the titles of ALL (emphasis added) MOSs that a Soldier served in for at least 1 year and the number of years and months served in that MOS.  Periods of service in basic training and advanced individual training (AIT) do not count.  For time determination, 16 days or more counts as a month.  

15.  Further, for an enlisted Soldier, the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI) are to be entered.  

DISCUSSION AND CONCLUSIONS:

1.  The 28 February 1995 DD Form 214 entry, at item 11, of his period of service he held the 11B MOS is clearly in error.  The applicant was awarded the MOS 11B upon completion of AIT and held it throughout the remainder of his period of service, 21 years and 9 months.  The current entry should be corrected to reflect the period of 21 years and 9 months.

2.  Although the title of item 11 is "Primary Specialty" the regulation states that all MOSs held for over one year are to be included at item 11.  The number of years and months for each MOS is a separate entry and relates only to that MOS.  With the recording of both primary and secondary MOSs, if you were to add the numbers together you can get a number that would, as in this case, greatly exceed the number of years a Soldier served on active duty.

3.  The applicant was granted the secondary MOS of 63B at approximately the same time he reenlisted in December 1977.  He retained the 63B as a secondary MOS throughout the remainder of his period of service.  Therefore, it is appropriate not to correct this part of the item 11 entry and to show the applicant held the 63B5O for 17 years and 2 months.  

4.  The record contains no documentation of an official award of either a primary or secondary MOS of 16P.  Therefore, inclusion of this duty positional MOS would not be appropriate.

5.  Therefore, it is appropriate to correct the record to show the applicant served in MOS 11B5O for 20 years and 8 months and to retain the entry of service in MOS 63B5O for 17 years and 2 months.

6.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 28 February 1995; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 27 February 1998.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

__LDS __  __JRS __  __CD____  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by changing the item 11 entry for MOS 11B5O from
0 yrs - 0 mos to 21 yrs - 9 mos.




__    Linda D. Simmons_______
          CHAIRPERSON


INDEX

CASE ID
AR20060012793
SUFFIX

RECON
 
DATE BOARDED
20070605 
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.

3.

4.

5.

6.