IN THE CASE OF:
BOARD DATE: 14 May 2009
DOCKET NUMBER: AR20090001205
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) be corrected to document his instructor training and qualification.
2. The applicant states, in effect, that he was an instructor from 1996 through 2001 and he is requesting the instructor course he completed and his H (Instructor) Special Qualification Identifier (SQI) be added to his DD Form 214.
3. The applicant provides an instructor course completion certificate and Noncommissioned Officer Evaluation Reports (NCOERs) 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 record shows that he enlisted in the Regular Army and entered active duty on 16 July 1981, and was trained in and awarded military occupational specialty (MOS) 13B (Field Artillery).
3. The applicant's Official Military Personnel File (OMPF) contains NCOERs for evaluation periods between March 1996 and February 2001, which show he served and was evaluated as an instructor for initial entry Soldiers on MOS 13B skill level one tasks during this entire period. These reports also confirm he held the SQI H with his primary and duty MOS of 13B3H, which confirms his qualifications as an instructor. The record also contains a course completion certificate that shows he completed a 40 hour method of instruction course at Fort Sill, Oklahoma on 29 April 1996.
4. On 31 July 2001, the applicant was honorably released from active duty for the purpose of retirement, in the rank of staff sergeant, after completing a total of 20 years and 15 days of active military service. The DD Form 214 he was issued at the time contains the entry "13B30 00 CANNON CREWMEMBER - - 19 YRS - 9MOS//NOTHING FOLLOWS", which indicates he held no SQI, in Item 11 (Primary Specialty). Item 14 (Military Education) lists five courses completed by the applicant -- the method of instruction (instructor course) is not included in this list.
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. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains DD Form 214 preparation instructions. The instructions for Item 11 state, in pertinent part, to enter all MOSs served in for at least 1 year and include for each MOS, the number of years and months served. It further states that for an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable. Enter "O" when not applicable. The instructions for Item 14 (Military Education) state, in pertinent part, to list training courses successfully completed during the period of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 11 and Item 14 of his DD Form 214 should be corrected to reflect his SQI and his completion of the method of instruction (instructor) course he completed was carefully considered and found to have merit.
2. The evidence of record confirms the applicant completed a 40-hour method of instruction course at Fort Sill, Oklahoma, on 25 April 1996, and that he held the primary and duty MOS 13B3H at the time of his retirement. As a result, it would be appropriate to correct Item 11 and Item 14 of his DD Form 214 accordingly.
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 his DD Form 214 as follows: Item 11 - delete the current entry and replace it with the entry "13B3H - CANNON CREWMEMBER/INSTRUCTOR - 19 YRS - 9 MOS//NOTHING FOLLOWS" and Item 14 - add the entry "METHOD OF INSTRUCTION COURSE, 1 WEEK, APRIL 1996"; and by providing him a correction to his DD Form 214 that includes these changes.
_______ _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.
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