BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100018766 


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 item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.

2.  The applicant states:

* item 11 is incorrect and does not show his military occupational specialty (MOS) reclassification from 42A (human resources specialist) to 88M (motor transport operator)
* item 11 should show he served in MOS 42A2O for 4 years and 10 months or he served in MOS 42A2O for 3 years and 10 months and MOS 88M2O for 1 year
* he served his entire military career as a human resources specialist and was selected for mandatory reclassification during his final year of active duty service due to downsizing of MOS 42A
* after reclassification he maintained dual MOS 42A and MOS 88M
* after gaining MOS 88M he continued to serve and hold a position as a 42A until he was honorably discharged
* the most accurate description of his military record would be that he was a 42A for his entire military career, but showing MOS 88M for his final year is valid

3.  The applicant provides:

* DD Form 214
* Enlisted Record Brief
* MOS orders, dated 5 November 2001 and 25 February 2005
* promotion orders, dated 21 June 2004
* excerpt from an American or Army Council of Education Registry Transcript System (AARTS)

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 enlisted in the Regular Army on 15 August 2001.

3.  Orders, dated 5 November 2001, show primary MOS 75B (Personnel Administration Specialist) would be awarded to him upon successful completion of the 75B course.  A diploma, dated 11 January 2002, shows he completed the Personnel Administration Specialist course on 11 January 2002.

4.  Orders, dated 21 June 2004, show he was promoted to sergeant in primary MOS 42A2O effective 1 July 2004.

5.  Orders, dated 25 February 2005, show primary MOS 88M2O was awarded to him effective 11 March 2005.

6.  On 6 November 2006, he was released from active duty.

7.  Item 11 of the applicant's DD Form 214 shows the entry "88M2O MOTOR TRANSPORT OP – 4 YRS 10 MOS//NOTHING FOLLOWS."

8.  His AARTS transcript shows he held primary MOS 88M2O from February 2005 to present [6 November 2006, his separation date] for a total of 1 year and 8 months.

9.  The U.S. Army Human Resource Command Enlisted MOS Conversion Chart shows MOS 75B was converted to MOS 42A on 1 October 2004.
10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 11 to enter from the Enlisted Record Brief/Officer Record Brief the titles of all MOS or areas of concentration (AOC) served for at least 1 year and include for each MOS/AOC the number of years and months served.  For time determination, 16 days or more count as a month.  Do not count basic training and advanced individual training.  For an enlisted Soldier, also specify the first five characters of the primary MOS code (MOSC), which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable.  Enter "O" when not applicable.  When MOSC merge at skill level 5, make separate entries for the highest skill level in each MOSC below skill level 5.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 11 of his DD Form 214 is incorrect appears to have merit.

2.  He served in primary MOS 75B which was later converted to MOS 42A from 11 January 2002 to 10 March 2005, a period of 3 years and 2 months.  He served in primary MOS 88M2O from 11 March 2005 to 6 November 2006, a total of 1 year and 8 months.  Therefore, item 11 of his DD Form 214 should be corrected to show he served in MOS 42A2O for 3 years and 2 months and in MOS 88M2O for 1 year and 8 months.

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 deleting the entry in item 11 of his DD Form 214 and replacing it with "42A2O HUMAN RESOURCES SPECIALIST – 3 YRS 2 MOS//88M2O MOTOR TRANSPORT OP – 1 YR 8 MOS//NOTHING FOLLOWS."

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 his DD Form 214 to show he served in MOS 42A2O for 4 years and 10 months or that he served in MOS 42A2O for 3 years and 10 months and in MOS 88M2O for 1 year.



      __________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)                                         AR20100018766



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ABCMR Record of Proceedings (cont)                                         AR20100018766



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