RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 December 2007
DOCKET NUMBER: AR20070010833
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.
Ms. Catherine C. Mitrano
Director
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Jeanette R. McCants
Member
Mr. Jerome J. Pionk
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 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 read 03 08 26; that item 12a (Date Entered Active Duty this Period) be corrected to read 84 08 21; and that item 12c (Net Active Service this Period) be corrected to read 03 08 26.
2. The applicant states that he enlisted on 21 August 1984.
3. The applicant provides no additional evidence.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Delayed Entry Program on 25 July 1984 and enlisted in the Regular Army on 21 August 1984. He completed basic training and advanced individual training (AIT) as an 11B (Infantryman) and was awarded military occupational specialty (MOS) 11B on 20 November 1984.
3. The applicant was released from active duty on 16 May 1988.
4. Item 11 of the applicants DD Form 214 shows he held MOS 11B for 3 years and 5 months. Item 12a erroneously shows he entered active duty on 21 August 1985. Item 12c erroneously shows he completed 2 years, 8 months, and 26 days of net active service this period.
DISCUSSION AND CONCLUSIONS:
1. Item 12a of the applicants DD Form 214 appears to contain a typographical error and should be corrected to show he entered active duty on 21 August 1984.
2. Based upon the correct date the applicant entered active duty, item 12c of the applicants DD Form 214 should be corrected to show he completed 3 years, 8 months, and 26 days of net active service.
3. Item 11 of the applicants DD Form 214 is correct. He did not hold MOS 11B the entire time he was in the Army. He was not awarded MOS 11B until 20 November 1984, when he completed AIT.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__rtd____ __jrm___ __jjp___ 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. amending item 12a of his DD Form 214 to read 84 08 21; and
b. amending item 12c of his DD Form 214 to read 03 08 26.
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 read 03 08 26.
__Richard T. Dunbar__
CHAIRPERSON
INDEX
CASE ID
AR20070010833
SUFFIX
RECON
DATE BOARDED
20071220
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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