RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 24 April 2008
DOCKET NUMBER: AR20080001978
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, that the entry, 25B1O 00 INFORMATION SYSTEMS OPERATOR - ANALYST - - 1 YRS - 5 MOS in item 11 (Primary Specialty) on her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 10 June 2003 be corrected to show the entry, 42A1O 00 HUMAN RESOURCES SPECIALST - - 1 YRS - 5 MOS.
2. The applicant states that she never held military occupational specialty (MOS) 25B. She contends that upon her transition for discharge all MOSs were being converted and that she was informed by the transition assistant that MOS 75B (personnel administration specialist) was converted to MOS 25B.
3. The applicant provides a DA Form 1059 (Service School Academic Evaluation Report), dated 8 December 2000; a DD Form 214 for the period ending 10 June 2003; and a court order for a name change.
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. Having prior inactive and active service, the applicant enlisted in the Regular Army on 10 January 2002 for a period of 3 years in MOS 75B. The applicants discharge packet, dated May 2003, shows her MOS was 75B. On 10 June 2003, she was honorably discharged for parenthood.
3. Item 11 on her DD Form 214 for the period ending 10 June 2003 shows the entry, 25B1O 00 INFORMATION SYSTEMS OPERATOR - ANALYST - - 1 YRS - 5 MOS//63B10 LIGHT WVEH MECH - - 4 YRS - 11 MOS//NOTHING FOLLOWS.
4. There is no evidence of record which shows the applicant was awarded MOS 25B.
5. The U.S. Army Human Resource Command Enlisted MOS Conversion Chart shows that MOS 75B1 (Personnel Administration Specialist) was converted to MOS 42A (Human Resources Specialist) on 1 October 2004.
DISCUSSION AND CONCLUSIONS:
Although the applicant requests that the MOS 25B entry in item 11 on her DD Form 214 for the period ending 10 June 2003 be changed to show MOS 42A, evidence of record shows she enlisted in MOS 75B and that her MOS was 75B at the time of her separation from active duty on 10 June 2003. MOS 75B was not converted to MOS 42A until 1 October 2004. Therefore, item 11 on her DD Form 214 for the period ending 10 June 2003 should be corrected to show she served in MOS 75B for 1 year and 5 months.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
XXX_____ _XXX__ _XXX____ 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. deleting the entry, 25B1O 00 INFORMATION SYSTEMS OPERATOR - ANALYST in item 11 on her DD Form 214 for the period ending 10 June 2003; and
b. adding the entry, 75B1O 00 PERSONNEL ADMINISTRATION SPECIALIST in item 11 on this DD Form 214.
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 on her DD Form 214 for the period ending 10 June 2003 to show MOS 42A.
___XXX __________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080001978
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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