IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100019975 


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

   a.  removing the entry "42A3O HUMAN RESOURCES SPEC – 0 YRS 
7 MOS"; and 
   
   b.  showing he served in military occupational specialty (MOS) 11B 4 years,
3 months, and 18 days.

2.  The applicant states he was never awarded secondary MOS 42A.  His primary MOS was 11B (Infantryman).  Item 11 of his DD Form 214 should state he served in MOS 11B during his entire period of enlisted service which equals
4 years, 3 months, and 18 days.

3.  The applicant provides a copy of his 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 records show he enlisted in the Regular Army on 8 January 2003.  He attended one station unit training at Fort Benning, GA, from on or about 8 January through 31 May 2003 and he was awarded MOS 11B. 

3.  Subsequent to completion of MOS training, he served in Korea from 3 June 2003 through 6 August 2004 and in Iraq from 7 August 2004 through 9 August 2005 in MOS 11B.  He was promoted to sergeant/E-5 on 1 September 2004 in MOS 11B while assigned to Iraq.  

4.  He executed a 6-year reenlistment on 4 August 2005 and he was reassigned to the 3rd Squadron, 61st Cavalry, Fort Carson, CO, in or about November 2005. Additionally, during the period 1 June 2006 through 21 January 2007, he served as the Rear Detachment S-1/Operations Noncommissioned Officer (NCO) in MOS 42A and was rated accordingly.

5.  He was honorably discharged on 25 April 2007 in the rank/grade of staff sergeant/E-6 for the purpose of accepting a commission in the Army.  The 
DD Form 214 he was issued shows he completed 4 years, 3 months, and 
18 days of creditable active service.  Item 11 of this form shows the entries "42A3O HUMAN RESOURCES SPEC, 0 YRS, 7 MOS" and "11B3O INFANTRYMAN 3 YRS, 2 MOS" and item 14 (Military Education) shows he completed various infantry and other training courses but not the Human Resources Specialist Course. 

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214 and states item 11, show the titles of all MOS's served for at least 1 year and include for each MOS the number of years and months served.  For time determination, 16 days or more count as a month.  Additionally, BCT and AIT are not counted.  Item 14 enter the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and include title, length in weeks, and year completed. 


DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was trained in and awarded MOS 11B.  He served in this MOS in Korea, Iraq, and at Fort Carson.  However, it appears upon his unit's deployment and he stayed back and performed duties as the Rear Detachment S-1/Operations NCO in MOS 42A.  Although he performed duties in MOS 42A, he never completed formal training in this MOS nor was he awarded MOS 42A.

2.  The applicant held MOS 11B from on or about 3 June 2003 to 25 April 2007 during his entire period of enlisted service.  Therefore, his DD Form 214 should appropriately list his service in MOS 11B for a period of 3 years and 10 months (excluding BCT and AIT) without any reference to MOS 42A.  Therefore, he is entitled to partial relief.

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 entries "42A3O HUMAN RESOURCES SPEC, 0 years, 7 months" and "11B3O INFANTRYMAN, 3 years, 2 Months"; and 

   b.  Adding to item 11 of his DD Form 214 the entry "11B3O Infantryman, 3 years, 10 months."






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 him serving in MOS 11B in excess of 3 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)                                         AR20100019975



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ABCMR Record of Proceedings (cont)                                         AR20100019975



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