BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100016683 


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 period of service in military occupational specialty (MOS) 11B1P (Light Weapons Infantryman - Parachutist Qualified).

2.  The applicant states he served in MOS 11B1P for 3 years and 3 months and in MOS 27M2P (Multiple Launch Rocket System (MLRS) Repairer – Parachutist Qualified) for 4 years and 4 months.   He further states nowhere does it reflect over 3 years at Fort Bragg, NC.

3.  The applicant provides copies of his DD Form 214, a DA Form 2A (Personnel Qualification Record - Part I), a DA Form 2-1 (Personnel Qualification Record - Part II), and three DA Forms 638-1 (Recommendations for Award of the Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal (MSM)).

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.  With 5 months and 2 days of prior active service in the Army National Guard in MOS 31F, the applicant enlisted in the Regular Army on 28 January 1991 for training in career management field 11 (infantry) and airborne training.  His      DD Form 214, item 14 (Military Education), shows he completed 11B training in April 1991 and Multiple Launch Rocket System Repairer (MLRS REPR) training in June 1994.  He served through 26 November 1998 for a period of 7 years,       9 months, and 29 days.

3.  The three DA Forms 638-1 submitted by the applicant do not contain any MOS clarifying information.

4.  His DD Form 214 shows, at item 11 (Primary Specialty), the entry "27M2P - MLRS REPR -- 07 YRS - 7 MOS // NOTHING FOLLOWS.

5.  The applicant's DA Form 2A, prepared on 14 September 1998, shows a primary MOS of 27M2P and a secondary MOS of 11B1P.

6.  The applicant's DA Form 2-1 does not include any MOS information at items 3 (MOS Evaluation Scores) or item 6 (Military Occupational Specialties).  Item 35 (Record of Assignments) shows assignment as an 11B1P Infantryman at Fort Bragg from 26 April 1991 to 9 February 1994.  He was further assigned as a 27M student on 9 February 1994 with assignment as a 27M1O on 22 July 1994 in Germany.

7.  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 establishes standardized policy for preparing and distributing the DD Form 214.  It states that the entry at item 11 (Primary Specialty) for an enlisted Soldier is taken from the Enlisted Record Brief for all MOS's served in for at least 1 year.  Include for each MOS the number of years and months served, specifying the first 5 characters of the primary MOS, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI).  For time determination, 16 days or more count as a month.  Service during basic training and initial advanced individual training is not included in the calculations.
8.  Army Regulation 635-5 does not contain any provisions for detailing continental United States (CONUS) locations on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in MOS 11B2P from 19 April 1991 through 23 May 1994 for a period of 3 years, 1 month, and 5 days and in MOS 27M2P from 22 July 1994 through 26 November 1998 for a period of 4 years, 4 months, and 5 days.

2.  Utilizing the rounding factor, item 11 of his DD Form should be corrected to show "11B2P - INFANTRYMAN -- 03 YRS - 01 MOS // 27M2P - MLRS REPR -- 4 YRS-4 MOS // NOTHING FOLLOWS."

3.  There are no provisions for citing specific CONUS locations on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's request.

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:

	a.  deleting from item 11 of his DD Form 214 the entry "27M2P - MLRS REPR -- 07 YRS - 07 MOS // NOTHING FOLLOWS; and

	b.  adding to item 11 of his DD Form 214 the entry "11B2P - INFANTRYMAN -- 03 YRS - 01 MOS // 27M2P - MLRS REPR -- 04 YRS - 04 MOS // NOTHING FOLLOWS".

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 any period of time served in 

each MOS in excess of the above correction and the addition of his service at Fort Bragg, NC on his DD Form 214.



      __________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)                                         AR20100016683



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ABCMR Record of Proceedings (cont)                                         AR20100016683



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