IN THE CASE OF:
BOARD DATE: 4 December 2008
DOCKET NUMBER: AR20080015182
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
2 October 2006 separation document (DD Form 214) be corrected.
2. The applicant states, in effect, that Item 11 of his DD Form 214 erroneously shows he served in his military occupational specialty (MOS) for a period of
6 years and 9 months and that it should instead show he served in his MOS for
7 years and 3 months, which is the time he served between his entry into the Delayed Entry Program (DEP) on 27 June 1999 and his Expiration of Term of Service (ETS) on 2 October 2006.
3. The applicant provides his separation document in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he initially enlisted in the United States Army Reserve (USAR) DEP on 28 June 1999. It also shows he was discharged from the DEP on 8 September 1999 and enlisted in the Regular Army and entered active duty on 9 September 1999.
2. On 2 October 2006, the applicant was honorably released from active duty (REFRAD) under the provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service and transferred to the USAR Control Group (Reinforcement).
3. The DD Form 214 issued to the applicant upon his REFRAD confirms he completed a total of 7 years and 24 days of active military service. Item 11 shows he held MOS 31B (Military Police) and that he had served in that MOS for 6 years and 9 months. Item 12a (Date Entered AD this Period) shows the entry
9 September 1999 and Item 12b (Separation Date this Period) shows the entry
2 October 2006.
4. Army Regulation 635-5 (Separations Document) prescribes policy and procedures regarding separation documents. It states in pertinent part that in Item 11 that the titles of all MOS served in for at least 1 year on the Soldier's Enlisted Record Brief (ERB) and the number of years and month served will be entered. For time determination, 16 days or more count as a month. However, basic combat and advanced individual training time is not counted towards time served in an MOS. The regulation has no provisions for using time served in the DEP in the time calculation for Item 11.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 11 of his DD Form 214 should be corrected to show that he served in MOS 31B for 7 years and 3 months was carefully considered. However, there is insufficient evidence to support this claim. By regulation, only actual time served in the MOS will be entered in
Item 11. The regulation stipulates that time spent in training prior to award of an MOS does not count as time served in the MOS for the purpose of the entry in Item 11 of the DD Form 214. There are also no regulatory provisions that allow for using time served in the DEP in the calculation for time served in an MOS for Item 11 purposes.
2. Although the evidence of record confirms the applicant completed 7 years and 24 days of active military service, it is clear he did not actually serve in MOS 31B during this entire period. His time served in MOS 31B would have been calculated from the date he was awarded the MOS through the date of his REFRAD. As a result, absent evidence to the contrary, it is presumed the
6 years and 9 months entered in Item 11 is correct and accounts for the entire period the applicant actually held and served in MOS 31B. Therefore, there appears to be no error or injustice related to the entry in Item 11 of the applicants DD Form 214.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20080015182
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ABCMR Record of Proceedings (cont) AR20080015182
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