IN THE CASE OF:
BOARD DATE: 9 JULY 2009
DOCKET NUMBER: AR20090004855
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) be corrected to add military occupational specialty (MOS) 31E (Correctional Officer) and
MOS 11B (Infantryman).
2. The applicant states, in effect, that he was trained and served in MOS 11B and MOS 31E while serving in Iraq and he would like his qualifications in these MOSs reflected on his DD Form 214.
3. The applicant provides no documentation 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. On 30 April 2005, the applicant was honorably released from active duty (REFRAD) under provisions of Chapter 4, Army Regulation 635-200, by reason of completion of required active service after completing 1 year, 3 months, and 26 days of active military service and returned to his Army National Guard unit. Item 11 of the DD Form 214 he was issued at the time of his REFRAD shows he held MOS 63W (Wheel Vehicle Repairer) for 1 year and 4 months. There are no entries indicating he held or served in another MOS during this period of active duty service.
3. The applicant's Official Military Personnel File (OMPF) contains a Noncommissioned Officer Evaluation Report (NCOER, DA Form 2166-8), which covers the period November 2004 through March 2005. Part III (Duty Description) of this report shows the applicant was evaluated while performing the Principal Duty Title of 39th Brigade Internment Facility Guard in duty MOS (DMOS) 63W.
4. The applicant's OMPF also contains Department of Military Affairs, Military Division Santa Fe, New Mexico, Orders Number 311-214, dated 7 November 2005, which shows the applicants primary MOS (PMOS) of 63W30 was withdrawn and that he was awarded PMOS 63B20, effective 1 October 2005.
5. The applicant's OMPF is void of any orders or other documents showing he was ever awarded MOS 31E or 11B as either a PMOS or secondary MOS (SMOS).
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 of the separation documents regulation contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 11 contained in the separation documents regulation state to enter the titles of all MOSs served in for at least 1 year and include the number of years and months served. It further states that for time determination, 16 days or more count as a month, and it stipulates that basic training and AIT should not be counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that Item 11 of his DD Form 214 should reflect his qualifications in MOS 31E and MOS 11B was carefully considered. However, by regulation only those MOSs served in for at least 1 year will be entered in Item 11 of the DD Form 214.
2. The applicant's OMPF is void of any orders or other documents showing he ever held or served in MOS 31E or 11B during his active duty tenure. In addition, all available documents contained in his OMPF, which includes an NCOER covering the period of his deployment in Iraq, show he held and served in MOS 63W. Therefore, absent any documentary evidence of record or independent evidence submitted by the applicant that confirms he was awarded, held and served in either of the MOSs in question, there is an insufficient evidentiary basis to support granting the requested relief.
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.
_______ _ _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) AR20090004855
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ABCMR Record of Proceedings (cont) AR20090004855
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