IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080006589
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his secondary military occupational specialty (SMOS) of 45B1O (Small Arms Artillery Repairer) be added to
Item 11 (Primary Specialty) of his 13 May 1993 separation document
(DD Form 214).
2. The applicant states, in effect, that he was exhausted at the close out of Officer Candidate School (OCS), and did not notice that his SMOS was not listed on his DD Form 214 during the record scrub completed when he was commissioned.
3. The applicant provides 55th Personnel Service Company Orders Number
96-41, dated 22 April 1991; DD Forms 214, dated 1 April 1988 and 13 May 1993; and Officer Record Brief (ORB) in support of his application.
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's military records shows that after having prior active and inactive service, he enlisted in the Regular Army and entered active duty on 6 November 1990. He was trained in, awarded, and served in military occupational specialty (MOS) "76Y" (Unit Supply Specialist).
3. On 22 April 1991, the 55th Personnel Service Company issued Orders Number 96-41, which awarded the applicant the SMOS of 45B1O, effective
13 March 1991.
4. On 1 August 1992, the applicant was promoted to the rank of sergeant (SGT).
5. On 13 May 1993, the applicant was honorably discharged, in the rank of SGT, in order to accept a commission. The DD Form 214 he was issued at the time shows he completed a total of 4 years, 3 months, and 16 days of active military service. Item 11 contains the entries 09S0O - Student Officer Candidate and 76Y3O-Unit Supply Specialist -2 years.
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. Chapter 2 of this regulation contains guidance on the preparation and distribution of the DD Form 214. Paragraph 2-4h contains item-by-item instructions for completion of the
DD Form 214. It states, in pertinent part, that Item 11 will contain all MOS in which a member served in for at least 1 year and will include the number of years and months served for each MOS entered. For a time determination,
16 days or more count as a month. Time served in basic training and AIT does not count.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that Item 11 of his separation document should include his SMOS of 45B1O was carefully considered and found to have merit. By regulation, Item 11 will contain of all MOS in which a member served for at least 1 year and will include the number of years and months served for each MOS entered.
2. The applicant's record confirms he was awarded the SMOS of 45B1O on
13 March 1991, and that he retained that SMOS until 13 May 1993, which was the date he was honorably discharged in order to accept a commission. As a result, it would be appropriate to add the entry 45B1O- Small Arms Artillery Repairer - 1 Year2 Months" to Item 11 of his 13 May 1993 DD Form 214 at this time.
BOARD VOTE:
___x____ ___x____ ___x____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 11 of his 13 May 1993 DD Form 214 by adding the entry
"45B1O- Small Arms Artillery Repairer - 1 Year-2 Months"; and by providing him a correction to his separation document that includes this change.
_ ___x____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080006589
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ABCMR Record of Proceedings (cont) AR20080006589
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