IN THE CASE OF:
BOARD DATE: 3 June 2010
DOCKET NUMBER: AR20090020714
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 his military occupational specialty (MOS) as 79V3O (Retention and Transition Noncommissioned Officer (NCO)).
2. The applicant states that his DD Form 214 should reflect MOS 79V instead of 79D0O (Retention NCO). He contends that a typographical error caused someone to list the incorrect MOS on his DD Form 214.
3. The applicant provides the following documents in support of his request:
* DA Form 1059 (Service School Academic Evaluation Report)
* Orders R-10-106471, dated 19 October 2001, active duty orders
* DD Form 214
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's military record shows he enlisted in the U.S. Army Reserve on 11 July 1991 and was ordered to active duty in the Active Guard Reserve program in MOS 79V3O on 24 November 2001.
3. The applicant's official military personnel file (OMPF) includes the following documents related to his training, duty performance, and MOS:
a. a DA Form 1059, dated 1 March 2002, shows he successfully completed the Retention and Transition Course fulfilling the requirements for award of MOS 79V;
b. a DA Form 2168-8 (NCO Evaluation Report (NCOER), an annual report covering the period November 2001 through October 2002, rated him as a Retention and Transition NCO in MOS 79V3O; and
c. a DA Form 2168-8, a relief-for-cause NCOER covering the period November 2002 through January 2003, rated him as a Retention and Transition NCO in MOS 79V3O.
4. On 24 November 2004, the applicant was separated from active duty. He had completed 3 years and 1 day of creditable active duty service during this period.
5. Item 11 (Primary Specialty) of the applicant's DD Form 214 contains two entries showing he held MOS 79D (Reenlistment NCO) for 1 year and 10 months and MOS 91B (Medical Specialist) for 12 years and 8 months.
6. Orders D-08-526496, U.S. Army Human Resources Command, St. Louis, Missouri, dated 10 August 2005, shows that the applicant was discharged from the U.S. Army Reserve as a staff sergeant/pay grade E-6 in MOS 79V3O.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
8. In September 2008, the proponent for Army Regulation 635-5 clarified in an electronic mail message that the Solder's primary MOS will be shown on the DD Form 214 even if held for less than a year, but not secondary or additional MOS's. The length of time that an MOS is held will not exceed the period of the DD Form 214 on which recorded.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his primary specialty as 79V3O.
2. The available evidence shows the applicant was ordered to active duty effective 24 November 2001 in duty MOS 79V3O and was awarded MOS 79V3O effective 1 March 2002 upon completion of the Retention and Transition Course.
He was separated from active duty on 24 November 2004 and later discharged from the USAR effective 10 August 2005 while still holding MOS 79V3O.
3. The applicant's DD Form 214 indicates his primary specialty is 79D0O in item 11. However, there is no evidence of record showing he held this MOS at any time during this period of active duty. He did hold MOS 79V3O.
4. In view of the above, the applicant's DD Form 214 should be changed to show he held MOS 79V3O during this period of active duty.
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:
a. deleting from item 11 of his DD Form 214: 79D0O Reenlistment NCO--1 YRS-10 MOS and
b. adding to item 11 of his DD Form 214: 79V3O Retention and Transition Noncommissioned Officer -- 2 years and 9 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) AR20090020714
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ABCMR Record of Proceedings (cont) AR20090020714
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