IN THE CASE OF:	  

		BOARD DATE:	        26 FEBRUARY 2009

		DOCKET NUMBER:  AR20080011155 


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 item 11 (Primary Specialty) of his 
DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement, which will simply be referred to as his 
DD Form 214 throughout the remainder of these proceedings, be corrected to show that he served in military occupation specialty (MOS) 31B (Military Police) for 18 years and 1 month and in MOS 88M (Motor Transport Operator) for 
3 years and 7 months.  He also appears to be requesting that his ARPC Form 249-E (Chronological Statement of Retirement Points) be corrected.

2.  The applicant essentially states that item 11 of his DD Form 214 is in error and that he should have caught this error during his review of this document.  He also states, in effect, that his ARPC Form 249-E shows no service, and that the word "Void" on the front and back of this form could be a problem or error.   

3.  The applicant provides his contact information on a separate sheet; his 
DD Form 214; DD Form 215 (Correction to DD Form 214) and DD Form 214 for his active duty service from 7 March 1978 to 6 October 1981; orders, dated 
5 October 1981, as amended by a first endorsement, dated 26 April 1982, which released him from active duty on 6 October 1981; 15 pages of his enlistment contract into the United States Army Reserve (USAR) on 10 January 1986 and into the Regular Army on 25 March 1986; his social security card; a Standard Form 88 (Report of Medical Examination), dated 10 January 1986; orders, dated 25 March 1986 which assigned him to the U.S. Army Reception Station at Fort McClellan, Alabama on 26 March 1986; his DA Form 2166-8 (Noncommissioned Officer [NCO] Evaluation Report) for the period October 2002 through February 2003; orders, dated 25 August 2003, which released him from active duty on 
30 April 2004 and placed him on the retired list on 1 May 2004; his Enlisted Record Brief (ERB), dated 13 May 2003; three of four pages of his DA Form 2-1 (Personnel Qualification Record – Part II); and an ARPC Form 249-E in support of this 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 essentially requested, in part, that his ARPC Form 249-E be corrected.  While it is unknown why he would need this document as a Regular Army retiree, there is no indication that the applicant has exhausted his administrative remedies by requesting correction of this document through the United States Army Human Resources Command in St. Louis, Missouri.  The applicant has been advised in separate correspondence of the procedures for requesting correction of his ARPC Form 249-E and, as a result, this document will not be discussed further in these proceedings.

3.  The applicant's military records show that he enlisted in the Regular Army on 
7 March 1978.  He completed basic and advanced individual training and was awarded MOS 64C (Motor Transport Operator) which was later converted to MOS 88M with the same duty title.  On 6 October 1981, he was honorably released from active duty and assigned to the United States Army Reserve (USAR) Control Group to complete his Reserve obligation which was scheduled to expire on 20 November 1983.  However, on 14 November 1983, he reenlisted in the USAR for a period of 6 years.  On 25 March 1986, he again enlisted in the Regular Army under the U.S. Army Training of Choice Enlistment Option for training in MOS 95B.  He completed training and was awarded MOS 95B as his primary MOS, which was later converted to MOS 31B with the same duty title.  Item A3 (Secondary MOS [SMOS]) of his ERB shows that MOS 88M was his SMOS throughout the latter part of his career.  He departed his initial entry training at Fort McClellan, Alabama, on 11 June 1986, and served in MOS 95B/31B until he was retired from the Regular Army, on 30 April 2004, in the rank and pay grade of sergeant first class/E-7 after completing more than 21 years and 8 months of active duty service.

4.  Item 11 of his DD Form 214 essentially shows that he served 0 years and 
0 months in MOS 31B, and 17 years and 11 months in MOS 88M.  

5.  Army Regulation 635-5 (Separation Documents), provides, in pertinent part, instructions on completing the DD Form 214.  For item 11, it states that from the Enlisted Record Brief (ERB), enter the titles of each MOS or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  The proponent of this regulation has clarified that MOSs held or served in during the period covered by the DD Form 214 should be entered in this item.

6.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 11 of his DD Form 214 should be corrected to show that he served in MOS 31B for 18 years and 1 month and in MOS 88M for 3 years and 7 months.  

2.  While it is clear that the entry for the applicant's service in MOS 31B shown in item 11 of his DD Form 214 is in error, the applicant is not entitled to correction of item 11 of his DD Form 214 to show that he served in MOS 31B for 18 years and 1 month.  Although this is the total amount of time he served on active duty during his second period of service in the Regular Army, his time spent in initial entry training is not counted in this calculation.  A calculation of his service would be from 11 June 1986 (the date he departed his initial entry training after being awarded MOS 95B) to 30 April 2004 (his last day of active duty).  Therefore, the entry for MOS 31B in item 11 of his DD Form 214 should only be corrected to show he served in MOS 31B for 17 years and 11 months.

3.  The applicant is entitled to correction of item 11 of his DD Form 214 to show that he served in MOS 88M for 18 years and 1 month.  He was awarded MOS 88M during his first period of service, and he held this MOS throughout the period covered by his last DD Form 214. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  __X______  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 item 11 of the applicant's DD Form 214 that was issued at the time of his retirement be corrected by showing that he:

	a.  served in MOS 31B for 17 years and 11 months; and 

	b.  served in MOS 88M for 18 years and 1 month.

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 correcting his DD Form 214 that was issued at the time of his retirement to show that he served in MOS 88M for 3 years and 7 months. 
 
3.  The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his honorable service in arms.




      _______ _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)                                         AR20080011155



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ABCMR Record of Proceedings (cont)                                         AR20080011155



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