IN THE CASE OF:
BOARD DATE: 29 December 2010
DOCKET NUMBER: AR20100017402
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) on her DD Form 214 to show she served in her primary specialty for 3 years and 8 months.
2. The applicant states item 11 on her DD Form 214 incorrectly shows she served in her primary specialty for 3 years and 2 months.
3. The applicant provides a copy of her 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 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 enlisted in the Regular Army on 26 October 1998. She completed training and was awarded a 77F1O (Petroleum Supply Specialist) primary military occupational specialty (PMOS), effective 14 April 1999.
3. She was discharged under honorable conditions (general) on 21 June 2002. She had completed 3 years, 7 months, and 26 days of net active this period. A calculation of the time from the date that she was awarded her PMOS until the date of her discharge reveals that she served in her PMOS for 3 years, 2 months, and 7 days.
4. Item 11 on the DD Form 214 she was issued shows she served in her PMOS for 3 years and 2 months.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directs that the titles of all MOS or area of concentration (AOC) served in for at least one year will be entered in item 11 (Primary Specialty) and will include the number of years and months served.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been considered. She was awarded her PMOS effective 14 April 1999. A calculation of the time from her PMOS award date until the date of her discharge on 21 June 2002 reveals she served in her PMOS for 3 years, 2 months, and 7 days. The 3 years and 2 months is properly shown in item 11 on her DD Form 214.
2. In view of the foregoing, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20100017402
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017402
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