IN THE CASE OF:
BOARD DATE: 12 May 2011
DOCKET NUMBER: AR20100025380
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 his years and months listed in his military occupational specialty (MOS) be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) from 2 years and 6 months to 3 years and 6 months.
2. He states in effect that item 12c (Net Active Service This Period) on his
DD Form 214 shows 3 years and 6 months of service.
3. He provides 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 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 applicants records show he enlisted in the Regular Army on 1 March 1977. He was trained and awarded MOS 11E (Armor Crewman) on or about
3 June 1977. He was honorably discharged from active duty on 17 September 1980 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 13-4c(2), unsuitability - apathy, defective attitude or inability to expend effort constructively.
3. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) of his DD Form 214 shows "19F10, M48/M60 Tank Driver, 2 years and
6 months."
4. Item 12 of his DD Form 214 shows he was credited with 3 years, 6 months, and 11 days of active duty service.
5. Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record) shows effective 3 June 1977, after he completion of Basic Armor Training, he was reassigned to Germany. He arrived in Germany on 22 June 1977, and was assigned in duty MOS 11E with duty as a "Loader."
6. Orders 56-170, dated 25 February 1978, show he was awarded MOS 19F and MOS 11E was withdrawn effective 1 March 1978. The authority for this action was listed as the Commander Military Personnel Center, Europe, dated
8 November 77, Subject: Conversion of Career Management Field 19.
7. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to enter in item 11 the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. Round up to the next whole month if the Soldier served 16 or more days in the MOS. Time spent in basic training and advanced individual training is not counted.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was awarded MOS 11E in June 1977 which was later withdrawn. He was subsequently awarded MOS 19F effective
1 March 1978. Therefore, based on the following calculations, the 2 years and
6 months listed in MOS 19F on his DD Form 214 is incorrect and should be corrected to read 2 years and 7 months.
1980 09 17 separation date
- 1978 03 01 date awarded MOS 19F
= 2 06 16
+ 1 day inclusive
= 2 06 17
2. Unfortunately, since he did not serve for at least a year in MOS 11E (June 1977 to March 1978) there is no requirement to list this MOS in item 11 of his
DD Form 214.
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 amending item 11 of his 17 September 1980 DD Form 214 to show 2 years and 7 months instead of 2 years and 6 months.
2. The Board further determined that the evidence presented was 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 correcting item 11 to show
3 years and 6 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) AR20100025380
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100025380
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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