IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100010154
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) for the period ending 28 February 1994.
2. He states that item 11 of this DD Form 214 shows he served in military occupational specialty (MOS) 95B (Military Police) for 20 years and 3 months and should read 20 years and 10 months. He wants his records to reflect the correct years and months of service. The oversight by the Army and himself was noticed when submitting paperwork to the Department of Veterans Affairs.
3. He provides copies of his 1973 enlistment contract, 1994 transition orders, and 1994 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 records show he enlisted in the Regular Army (RA) in pay grade E-1 on 30 April 1973 for 3 years. His Enlisted Efficiency Report, dated August 1974, shows he was promoted to pay grade E-3 and awarded primary MOS 95B on 17 August 1973. He was honorably discharged on 30 January 1975 for the purpose of immediate reenlistment. He was issued a DD Form 214 which shows in item 11 that he was awarded MOS 95B on 17 August 1973.
3. He reenlisted in the RA on 31 January 1975 for 4 years. He was honorably discharged on 23 May 1978 for the purpose of immediate reenlistment. He was issued a DD Form 214 which shows in item 11 that he was awarded MOS 95B on 17 August 1973.
4. He reenlisted in the RA on 24 May 1978. He served continuously on active duty through several reenlistments until he was honorably retired on 28 February 1994. He was issued a DD Form 214 which shows in item 11 that he served in MOS 95B for 20 years and 3 months. He was credited with 15 years, 9 months, and 6 days of net active service. He was also credited with 5 years and 23 days of prior active service.
5. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated that item 11 would include the title of all MOS's and areas of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served from the Enlisted Record Brief/Officer Record Brief. Basic training and advanced individual training would not be counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 11 of his separation document incorrectly listed the number of years and months he served in his MOS was carefully considered and was found to have partial merit.
2. The evidence of record confirms he was awarded MOS 95B on 17 August 1973 and served continuously in that MOS until his retirement on 28 February 1994, a period of 20 years, 6 months, and 12 days. Therefore, he is entitled to correction of item 11 to show 20 years and 6 months in accordance with regulatory guidance.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the applicant's DD Form 214 for the period ending 28 February 1994 to show 20 years and 6 months and by providing him a correction to his separation document that includes this change.
2. The Board further determined 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 amending item 11 of the applicant's DD Form 214 for the period ending 28 February 1994 to show 20 years and 10 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) AR20100010154
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ABCMR Record of Proceedings (cont) AR20100010154
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