RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 May 2007
      DOCKET NUMBER:  AR20060014326


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald J. Weaver              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. David W. Tucker               |     |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, in effect, that Item 11 (Primary Specialty) and

Item 12a (Date Entered Active Duty This Period) of his 31 January 1994
Separation Document (DD Form 214) be corrected.

2.  The applicant states, in effect, that the years and months portion of
Item 11 of his 31 January 1994 DD Form 214  should show he served in the
military occupational specialty (MOS) 11M for 20 years, 6 months and 11
days; and Item 12a should contain an entry showing a date of entry of 20
July 1973.

3.  The applicant provides Enlistment Contracts (DD Forms 4), dated 20 July
1973 and 17 June 1975 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 January 1994, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated
26 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 applicant's record shows that he initially enlisted in the Regular
Army and entered active duty on 27 September 1973.  He completed the 8-week
military occupational specialty (MOS) 11B (Infantryman) course in 1973.  He
served in MOS 11B through 16 June 1975, at which time he was honorably
discharged for the purpose of immediate reenlistment.  The DD Form 214 he
was issued at the time shows he completed 1 year, 10 months, and 20 days of
active military service during the period covered by the DD Form 214 (27
September 1973 -
16 June 1975).  It also shows that he held and served in MOS 11B (Light
Weapons Infantryman) during this period.

4.  On 17 June 1975, the applicant reenlisted.  His Personnel Qualification
Record (DA Form 2-1) shows that he continued to serve in MOS 11B through
1 May 1983.  It further shows that he attended the MOS 11M (Bradley
Fighting Vehicle Infantryman) course from 1 May through 29 July 1983.  Upon
completion of this course, he was awarded MOS 11M and he continued to serve
in that MOS through the date of his REFRAD for retirement.

5.  On 31 January 1994, the applicant was honorably REFRAD for the purpose
of retirement.  The DD Form 214 he was issued shows, in Item 11 that his
primary specialty was 11M4H---- (FV Infantryman) and that he had served in
this MOS for 18 years and 7 months.  Item 12c (Net Active Service This
Period) shows he completed 18 years, 7 months, and 14 days of active
military service during the period covered by the separation document (17
June 1975 - 31 January 1994); and Item 12d (Total Prior Active Service)
shows he had completed a total of
1 year, 10 months, and 20 days of prior active duty service.  The applicant
authenticated this document with his signature in Item 21 (Signature of
Member Being Separated) on the date of his REFRAD.

6.  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 for the DD Form 214.  The
instructions for Item 11 state, in pertinent part, that the titles of all
MOSs served for at least 1 year would be entered and that the number of
years and months served would be included for each MOS.

7.  The instructions contained in the separation documents regulation for
completing Item 12a (Date Entered Active Duty This Period) state to enter
the beginning date of the continuous period of active duty for which a DD
Form 214 was not previously issued.  The instructions for Item 12b
(Separation Date This Period) state to enter the Soldier's transition
(separation) date.  The instructions for Item 12c (Net Active Service This
Period) state to enter the amount of service this period, which is computed
by subtracting item 12a from 12b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Item 12a and Item 11 of his 31 January
1994 DD Form 214 should be corrected was carefully considered and found to
have partial merit.

2.  The evidence of record confirms the applicant held and served in MOS
11B2P0000 (Light Weapons Infantryman) for 1 year and 9 months during his
first enlistment from 27 September 1973 through 16 June 1975, which
accounts for the entire period of the enlistment minus the 8 weeks he was
attending the infantry MOS producing course.  The record also confirms he
served in MOS 11M4H0000 during the 18 year and 7 month period covered by
his 31 January 1994 DD Form 214.  Therefore, it would be appropriate to add
the following second MOS entry to the one already listed "11B2P0000 (Light
Weapons Infantryman) 1 year - 8 months.”

3.  The applicant's claim that Item 12a of his 31 January 1994 DD Form 214
should contain the date 27 September 1973 was also carefully considered;
however, by regulation, the beginning date of the continuous period of
active duty for which a DD Form 214 was not previously issued will be
entered in Item 12a.  In this case, since a DD Form 214 had been previously
issued to the applicant for his period of active duty service from 27
September 1973 through 16 June 1975, the appropriate date to enter in Item
12c of his 31 January 1994 DD Form 214 was in fact 17 June 1975, the date
of his reenlistment, and the date following the last date covered by his 16
June 1975 DD Form 214.  As a result, there is an insufficient evidentiary
basis to support granting this portion of the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RJW_  __JCR __  __DWT _  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 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 adding the entry
"11B2P0000 (Light Weapons Infantryman) 1 year - 8 months" to the already
listed entry in Item 11 of his
31 January 1994 DD Form 214; and by providing him a correction to his
separation document that includes this change.

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
a change in the entry date contained in Item 12a of his 31 January 1994 DD
Form 214.




                            _____Ronald J. Weaver____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014326                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/24                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1994/01/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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