IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090003918
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 correction of item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to include his military occupational specialty (MOS) 16Z5O (Air Defense Artillery Senior Sergeant).
2. The applicant states that he initially served in MOS 74D3O (4 years) and the bulk of his service (21 years) was in career management field (CMF) 16, which is currently identified as CMF 14. He contends the mistake was made by the personnel technician who stated that he could correct the error later. He had personally overlooked this error due to a rush to complete his out-processing.
3. The applicant provides a copy of 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 enlisted in the Regular Army on 11 November 1971. He completed training as a computer systems operator and was awarded MOS 74E. He was discharged on 6 June 1976 for immediate reenlistment.
3. The applicant reenlisted on 7 June 1976 and completed training as a chaparral crewman in MOS 16P. He was discharged on 18 August 1977 for immediate reenlistment.
4. The applicant reenlisted on 19 August 1977 and continued to serve on active duty through a series of reenlistments. His highest grade attained was command sergeant major, E-9.
5. Item 38 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in duty MOS 16Z5 during the following periods:
a. 16Z5O - February 1988 to January 1989 (11 months);
b. 16Z5M - January 1989 to August 1991 (2 years and 7 months); and
c. 16Z5O - April 1992 to December 1994 (2 years and 8 months).
6. Headquarters, III Corps and Fort Hood, TX, Orders S-223-7, dated 13 December 1994, show the applicant was awarded primary MOS 00Z5O and secondary MOS 16Z5O effective 1 November 1993. These orders also withdrew his primary MOS 16Z5O.
7. The applicant was released from active duty on 30 November 1996 for retirement.
8. Item 11 of his DD Form 214 for the period ending 30 November 1996 shows the following entries: "00Z5O00 CMD SGT MAJOR 3 YRS-1 MOS//74Z5O00 RECORD INFO SYS CH 25 YRS-1 MOS//NOTHING FOLLOWS."
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that the titles of all MOSs served for at least 1 year and the number of years and months served will be entered in item 11.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions are noted and there is sufficient evidence on which to grant relief in this case.
2. Although the applicant states he served the bulk of his career (21 years) in CMF 16, the evidence of record shows he served in MOS 16Z5O and 16Z5M for a total of 6 years and 2 months.
3. Therefore, it would be appropriate to amend item 11 of the applicant's DD Form 214 for the period ending 30 November 1996 to show the entry, "16Z5O 6 years and 2 months."
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 amending item 11 of his DD Form 214 for the period ending 30 November 1996 to show the entry, "16Z5O 6 years and 2 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 correcting his DD Form 214 to show service in MOS 16Z for more than 6 years and 2 months.
____________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) AR20090003918
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ABCMR Record of Proceedings (cont) AR20090003918
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