BOARD DATE: 14 October 2009
DOCKET NUMBER: AR20090009465
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show how long he held military occupational specialty (MOS) 11B (Infantryman).
2. The applicant states that his DD Form 214 shows that he held MOS 11B for only 1 year and 5 months, which is wrong.
3. The applicant provides no documentary evidence 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 26 August 1975, the applicant enlisted in the Regular Army. He completed his initial training and was awarded MOS 11B on 19 December 1975.
3. The applicant was subsequently assigned to the Federal Republic of Germany where he performed duty as a grenadier and team leader with the
1st Battalion, 12th Cavalry Regiment.
4. On 30 April 1979, the applicant reenlisted in the Regular Army. His DD Form 214 for the period from 26 August 1975 to 29 April 1979 is not available for review.
5. On 16 October 1980, the applicant was awarded a primary MOS of 26L (Tactical Microwave Systems Repairman).
6. On 9 March 1987, the applicant was honorably discharged. He had attained the rank of staff sergeant, pay grade E-6 and had completed 7 years, 10 months, and 10 days of creditable active duty service during his last period.
7. Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) of his DD Form 214 for the period ending 9 March 1987 shows that he held MOS 26L3O (Tactical Microwave Systems Repairman) for a period of 6 years and 5 months, and he held MOS 11B (Infantryman) for a period of 1 year and 5 months.
8. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for entries in block 11 showing the primary MOS, additional MOS and titles held for 1 or more years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 does not correctly show how long he held MOS 11B.
2. The evidence of record clearly shows the applicant held MOS 11B for the entire period covered by his DD Form 214 ending on 9 March 1987. Therefore, this DD Form 214 should be corrected to show that he held MOS 11B for a period of 7 years and 10 months.
BOARD VOTE:
________ ________ ________ 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:
a. deleting from Item 11 of his DD Form 214 11B3O Infantryman 01 Years 05 Months; and
b. adding to Item 11 of his DD Form 214 11B3O Infantryman 07 Years
10 Months.
_______ _ _______ ___
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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