IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100022780
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 November 2007 to reflect in block 11 (Primary Specialty) that his primary specialty was
31B (Military Police) and that his secondary specialty was 11B (Infantryman).
2. The applicant states that when his National Guard unit was demobilizing only a handful of Soldiers had access to their records to prove any errors.
3. The applicant provides:
* copies of his DA Forms 1059 (Academic Evaluation Reports) showing his completion of Military Police training
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 1 April 2010
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the New York Army National Guard (NYARNG) with the 222d Military Police Company when orders were published on 19 August 2006 that ordered his unit to active duty in support of Operation Iraqi Freedom, effective 29 August 2006, for a period of 524 days.
2. Orders 270-1029, issued by the Office of the Adjutant General, Joint Force Headquarters, Latham, NY, dated 27 September 2006, awarded the applicant the primary military occupational specialty (MOS) of 31B1O and the secondary MOS of 11B1O, effective 6 September 2006. These orders also show his previous primary MOS was 11B.
3. He deployed to Iraq from 29 October 2006 to 18 October 2007.
4. On 24 November 2007, he was honorably released from active duty (REFRAD) at Fort Dix, NJ, after having served 1 year, 2 months, and 26 days of active service during his mobilization.
5. His DD Form 214 issued at the time of his REFRAD shows his primary MOS was 11B. However, the applicant served in the primary MOS of 31B for a period of 1 year, 2 months, and 19 days [rounded up to 1 year and 3 months] from the date he was awarded MOS 31B as his primary specialty.
6. Additionally, the applicants DD Form 214 also reflects in block 12a (Date Entered AD [Active Duty] This Period) that he entered active duty this period on 29 August 2007 instead of 29 August 2006.
7. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that an individuals primary specialty number, title, and years and months in the specialty will be entered in block 11. Additional specialties in which the individual served
1 or more years will also be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention has been noted and found to have merit. The applicant was awarded primary MOS 31B1O and he served in that specialty for
1 year and 3 months. Accordingly, his DD Form 214 should be corrected accordingly.
2. Additionally, block 12a of his DD Form 214 incorrectly shows he entered active duty this period on 29 August 2007, when in fact he entered active duty on 29 August 2006. Accordingly, his DD Form 214 should be corrected at this time to reflect the 2006 date.
BOARD VOTE:
___X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ 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 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 for the period ending
24 November 2007 the entry "11B2O INFANTRYMAN - 2 YRS
1 MOS//NOTHING FOLLOWS";
b. deleting from item 12a of his DD Form 214 for the period ending
24 November 2007 the entry "2007 08 29" and replacing it with the entry
"2006 08 29"; and
c. adding to item 11 of his DD Form 214 the entry:
* 31B2O MILITARY POLICE 1 YR 3 MOS//
* 11B2O INFANTRYMAN - 2 YRS 1 MOS//NOTHING FOLLOWS"
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100022780
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ABCMR Record of Proceedings (cont) AR20100022780
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