IN THE CASE OF:
BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100011052
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) with a separation date of 30 April 2003 to show in:
* item 11 (Primary Specialty) time served in the military occupational specialty (MOS) of 11B (Infantryman)
* item 15b (High School Graduate or Equivalent) "Yes" instead of "No"
2. The applicant states he served 20 years in MOS 11B and that he completed the requirements for his General Educational Development (GED) diploma.
3. The applicant provides a copy of his DD Form 214 with a separation date
of 30 April 2003.
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. The applicant was released from active duty on 30 April 2003 and transferred to the Retired List the following day. He had completed a total of 20 years and
10 days of active service.
3. The applicant's official military personnel file (OMPF) shows he served in the:
* Regular Army from 28 July 1982 to 25 July 1985
* U.S. Army Reserve from 26 July 1985 to 19 November 1985
* Regular Army 20 November 1985 to 19 November 1988
* Regular Army 18 April 1989 to 30 April 2003
4. The applicant was issued a DD Form 214 for his period of service ending
25 July 1985. Item 11 shows he held MOS 11B for 2 years and 8 months.
5. The applicant was issued a DD Form 214 for his period of service ending
19 November 1988. Item 11 shows he held MOS 11B for 6 years and
1 month. Item 16 (High School Graduate or Equivalent) is checked "Yes."
6. The applicant entered his last period of service on 18 April 1989. He was issued a DD Form 214 for the period ending 30 April 2003. He had served
14 years and 12 days of active service during this period. The DD Form 214 showed in:
* item 11 - MOS 11B - 0 years and 0 months
* item 12a (Date entered AD (active duty) this period - 1983 04 20 (1983 April 20)
* item 12c (Net Active Service This Period - 0020 00 11 (20 years, zero months, and 11 days)
* item 15b - an "X" is marked in the "No" block
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. This regulation states in:
* item 11 - enter years and months of all MOSs served in for over 1 year, for time determination 16 days or more count as a month
* item 12a - enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued
* item 15b - check the "Yes" block if the Soldier has his GED
DISCUSSION AND CONCLUSIONS:
1. The applicant contends items 11 and 15b of his DD Form 214 with a separation date of 30 April 2003 should be corrected.
2. The applicant's last period of continuous service is 14 years and 12 days. Therefore, the period he served in MOS 11B is 14 years and 12 days and
item 11 of his last DD Form 214 should be corrected to show 14 years.
3. The applicant's DD Form 214 with a separation date of 19 November 1988 indicates in item 16 that he was a high school graduate or equivalent. In view of the fact that it is highly unlikely this status would change, his DD Form 214 with a separation date of 30 April 2003 should reflect the same. Therefore, it is appropriate to change item 15b of the 30 April 2003 DD Form 214 to show an "X" in the "Yes" block.
4. While processing this case, the review of the applicant's DD Form 214 with a separation date of 30 April 2003 showed the entries in item 12a and 12c to be in error. This DD Form 214 should only cover his last period of service from
30 April 1989. He was issued two previous DD Forms 214 covering his two previous periods of service. Because the applicant did not request these items be changed the Board cannot act on them at this time. The applicant might consider submitting another application to the ABCMR requesting these items be corrected.
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 his DD Form 214 with a separation date of 30 April 2003 to show in
* item 11 - 11B3O - 14 years
* item 15b - an "X" in the "Yes" block instead of in the "No" block
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 item 11 to show he served in MOS 11B for 20 years.
_______ _ __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) AR20100011052
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ABCMR Record of Proceedings (cont) AR20100011052
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