IN THE CASE OF:
BOARD DATE: 15 January 2009
DOCKET NUMBER: AR20080016210
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, correction to Item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 6 years.
2. The applicant states, in effect, that Item 11 states he served as a Helicopter Repairer for zero years and zero months and it should state 6 years. He also states the military occupational specialty (MOS) 15T was the only MOS he had the entire 6 years of his Army service.
3. In support of his application, the applicant provides no additional documentation.
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 show he enlisted in the Army Delayed Entry Program on 31 July 1998. He enlisted in Regular Army, in pay grade E-1, on 22 June 1999, for 6 years.
3. The applicant's DD Form 214 shows he completed 13 weeks of the Helicopter Repairer Course in calendar year 2000 and was awarded MOS 15T, Helicopter Repairer. He served in MOS 15T during the period covered by the DD Form 214.
4. The applicant was honorably discharged from active duty, in pay grade E-4, on 21 June 2005, under the provisions of Army Regulation 635-200, Chapter 4, Completion of Required Active Service. He was credited with 6 years net active service.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that from the Enlisted Record Brief/Officer Record Brief, Item 11 will include the title of all MOS and Area of Concentration (AOC) served for at least one year and include for each MOS/AOC the number of years and months served. Basic training and advanced individual training will not be counted.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that Item 11 of his separation document incorrectly does not list the number of years he served in his MOS was carefully considered and found to have partial merit. The evidence of record confirms the applicant held and served in MOS 15T, Helicopter Repairer, for 5 years and 9 months, which accounts for the entire period of his enlistment minus the 13 weeks he was attending the helicopter repairer MOS producing course. However, the number of years and months he served in his MOS is not shown in Item 11 of his DD Form 214. In accordance with regulatory guidance, Item 11 will include the title of the MOS and the number of years and months served. Therefore, it would be appropriate to add the entry 5 years and 9 months to Item 11.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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 all Department of the Army records of the individual concerned be corrected by adding the entry "5 years and 9 months" to the already listed entry in Item 11 of his 21 June 2005 DD Form 214 and by providing him a correction to his separation document that includes this change.
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 showing the entry "6 years" in Item 11 of his 21 June 2005 DD Form 214.
_______ _ __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) AR20080016210
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ABCMR Record of Proceedings (cont) AR20080016210
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