IN THE CASE OF:	  

		BOARD DATE:	        09 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080009630 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) issued on 30 June 2004 be corrected to show he was awarded military occupational specialty (MOS) 19K3O 00 (M1 Armor Crewman) and that he served in this MOS 6 years and 2 months.

2.  The applicant states, in effect, this MOS was not documented on his 
DD Form 214.

3.  The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record), three DA Forms 2166-6 (Enlisted Evaluation Report), and his 
DD Form 214 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 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 he enlisted in the Regular Army on 22 July 1981 for a period of 4 years for an Army school in the Career Management Field 19 Armor.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty 19K (M1 Armor Crewman).

3.  Orders, dated 31 August 1982, promoting the applicant to specialist four/pay grade E-4 identify him with MOS 19K1O.

4.  Orders, dated 21 July 1983, promoting the applicant to specialist five/pay grade E-5 identity him with MOS 19K2O.

5.  Enlisted Evaluation Reports for the periods from August 1983 through October 1983 and from November 1983 through October 1984 show the applicant's assigned MOS as 19K2O and the principle duties were Gunner and Assistant Tank Commander in primary MOS 19K2O.

6.  Orders, dated 18 September 1986, promoting the applicant to staff sergeant also awarded him the primary MOS 19K3O.

7.  Enlisted Evaluation Reports for the periods from June 1986 through 
May 1987 and June 1987 through August 1987 show the applicant's primary and duty MOS as 19K3O.

8.  The applicant graduated from the Automatic Data Telecommunication Center Operator Course (MOS 72G) at Fort Gordon, Georgia on 16 December 1987.

9.  On 30 December 2004, the applicant was released from active duty on 
30 June 2004 and placed on the Retired List the following day.  He had completed 22 years, 11 months, and 9 days of active service.

10.  Item 11 (Primary Specialty) of the applicant's DD Form 214 does not show he was awarded or served in MOS 19K3O.

11.  There are no orders in the applicant's official military personnel file on the integrated Personnel Electronic Records Management System (iPERMS) showing the date the applicant was awarded the MOS 19K or the date it was withdrawn.

12.  The DA Form 2-1, submitted by the applicant, shows the following assignments and duty MOSs:

	a.  on 30 October 1981, he was assigned to the 2nd Battalion, 64th Armor in Germany in MOS 19K0O);

	b.  on 19 December 1983, he was assigned to B Company, 2nd Battalion, 8th Cavalry at Ft. Hood, Texas in MOS 19E2O (M60 Armor Crewman);

	c.  on 12 November 1984, he was assigned to Headquarters and Headquarters Company, 2nd Battalion, 8th Cavalry in MOS 19K2O; and

	d.  on 18 September 1987, he was assigned to A Company, 366th Signal Battalion at Fort Gordon, Georgia in MOS 72G (Automatic Data Telecommunication Center Operator).

13.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, for the entry of the primary MOSs served in for at least 1 year in item 11 of the DD Form 214, to include for each MOS the number of years and months served. For time determination 16 days or more count as a month.  Time spent in basic training and advanced individual training are not counted.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be amended to show he served 6 years and 2 months in MOS 19K30.

2.  The orders for promotion and the evaluation reports are sufficient evidence to show the applicant was in fact awarded and served in MOS 19K for at least 
1 year.  

3.  Because there are no orders awarding or withdrawing MOS 19K, it is not possible to compute the exact time he spent in the MOS.  However, using the dates of assignment in MOS 19K from the applicant's DA Form 2-1 and his Enlisted Evaluation Reports an approximate period can be determined.

4.  The applicant's DA Form 2-1 shows he was assigned duties in MOS 19E2O on 19 December 1983.  However, the Enlisted Evaluation Report for that period show he was assigned in and performed the duties associated with MOS 19K2O. Therefore, based on his Enlisted Evaluation Report it is determined the applicant was in fact assigned duties associated with MOS 19K2O.

5.  In view of the above, it is determined the applicant was assigned in and performed the duties associated with MOS 19K2O during the period from 
30 October 1981 to 17 September 1987, a period of 5 years, 10 months, and
17 days.  Therefore, as provided by the regulation, it would be appropriate to amend Item 11 of the applicant's DD Form 214 to show he was assigned MOS 19K3O and served in that MOS for 5 years and 11 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 amending Item 11 of the applicant's DD Form 214 to include the entry "19K3O M1 Armor Crewman - 5 years 11 months."

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 the applicant serving in 
MOS 19K3O more than 5 years and 11 months.    




      ___        XXX                ___
                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)                                         AR20080009630



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ABCMR Record of Proceedings (cont)                                         AR20080009630



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