RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  17 April 2008
	DOCKET NUMBER:  AR20080000852 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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, to correct Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of her separation document (DD Form 214) for the period ending 7 September 1990, to reflect that she served in her secondary military occupational specialty (SMOS)  
71L (Administrative Specialist) for 7 years and 5 months, not 1 year and  
8 months.

2.  The applicant states, in effect, her DD Form 215 (Correction to DD Form  
214) shows she served in her SMOS as a 71L for 1 year and 8 months.  However, her prior DD Forms 214 show the correct amount of time she served in her SMOS.  She would like for her total time in her SMOS to be condensed from three documents into one document.  She explains she needs the document for her Federal employment.

3.  The applicant provides her three DD Forms 214 and one DD Form 215.

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.  The applicant's military personnel record shows she enlisted in the U.S. Army Reserve and entered her initial active duty for training on 10 July 1980.  She completed the necessary training and was awarded the primary military occupational specialty (PMOS) 71L.  She was honorably released from active duty and transferred back to her Reserve Component unit on 28 October 1980.

3.  The applicant entered the Regular Army on 27 May 1981 and served continuously in her PMOS 71L until she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri, on 26 December 1986.  She completed 5 years and 7 months of Net Active Service This period.

4.  Item 11 of her DD Form 214 for the period ending 26 December 1986 shows the entry "71L2O, Administrative Sp 5 years, 7 months."

5.  The applicant again entered the Regular Army on 25 November 1987 and attained the MOS of 77F (Petroleum Supply Specialist).  The 400th Personnel Service Company Orders Number 5-15 dated 5 January 1989 shows the applicant was awarded SMOS 71L effective 20 December 1988.  She served until she was honorably discharged from active duty on 7 September 1990.  She completed 2 years, 9 months, and 13 days of Net Active Service This Period.

6.  Item 11 of her DD Form 214 for the period ending 7 September 1990 shows the entry "77F2OH7, Petroleum Specialist, 2 years and 6 months//Nothing Follows."

7.  A DD Form 215 was later issued to correct her DD Form 214 for the period ending 7 September 1990, which shows the entry "ADD: SMOS 71L2O, Administrative Specialist, 1 year and 8 months nothing follows."

8.  Army Regulation 635-5 (Separation Documents) in effect at the time, states that you enter all additional MOS and Area of Concentration (AOC) served for a period of one year or more during the Soldier's continuous active military service. For each MOS/AOC, list the title with the years and months served.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to correct Item 11 of her DD Form 214 for the period ending 7 September 1990, so it will reflect that she served in her SMOS 71L for  
5 years and 7 months, not 1 year and 8 months.

2.  However, her personnel record shows she was awarded her SMOS 71L on  
20 December 1988, 1 year and 8 months before she was honorably discharged from active duty during her current period of service.  The applicable regulation provides a provision to add additional MOS/AOC served for a period of one year or more during the Soldier's continuous active military service.  Therefore, the correction previously made to her DD Form 214 is correct.



3.  In addition, the applicant has already been credited with 5 years and 7 months serving in MOS 71L.  As for her need to consolidate her 71L experience for the purpose of Federal employment, she may present her three DD Forms 214 for that purpose.

4.  In order to justify correction of a military record the applicant must satisfactorily show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit sufficient evidence that would satisfy this requirement; therefore, she is not entitled to correction to Item 11 of her DD Form 214 for the period ending 7 September 1990.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__JLP  __  __TSK__  __DWT__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of her service in arms.




      ___        TSK                ___
                CHAIRPERSON

ABCMR Record of Proceedings (cont)                                         AR20080000852



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508