IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100029366
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 March 2006 to add:
* his primary military occupational specialty (MOS) 25C (Radio Operator Maintainer)
* prior active service
2. The applicant states item 11 (Primary Specialty) of his DD Form 214 only listed his secondary MOS (SMOS) 42A (Human Resources Specialist); it did not list his primary MOS (PMOS) of 25C. He performed in this MOS for 1 year. Additionally, item 12d (Total Prior Active Service) only listed 4 months and 16 days of prior active service when he in fact completed 8 months and 2 days.
3. The applicant provides Orders 284-003 awarding him PMOS 25C and SMOS 42A; Orders 016-005 promoting him to sergeant (SGT)/E-5; and DD Forms 214 for the periods ending on 26 March 2006 and 11 March 2005
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 Texas Army National Guard (TXARNG) on 20 May 2003. He subsequently entered active duty for training (ADT) on 21 July 2003, completed basic combat and advanced individual training, and he was awarded MOS 42A.
3. He was honorably released from ADT on 6 December 2003. His DD Form 214 for this period of service shows he completed 4 months and 16 days of creditable active service.
4. He again entered ADT on 26 July 2004, completed training for MOS 25C and he was released from ADT on 11 March 2005. His DD Form 214 for this period of service shows he completed 3 months and 16 days of creditable active service and he had 4 months and 16 days of prior active service.
5. On 11 March 2005, Headquarters, U.S. Army Signal Center, Fort Gordon, GA, published Orders 070-203 awarding him MOS 25C, effective 11 March 2005.
6. He was ordered to active duty on 12 March 2005 and subsequently served in Afghanistan from March 2005 to March 2006. He was honorably released from active duty in the rank of SGT/E-5 on 26 March 2006. The DD Form 214 he was issued for this period of service shows in item 11, the entry "42A1O Human Resources Specialist 2 Years 3 Months" and in item 12d the entry "0000 04 16."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Item 11 of the DD Form 214 reflects the primary specialty. This item contains titles of all MOS's served for at least 1 year and includes the number of years and months served for each MOS. For the time determination, 16 days or more count as 1 month. Do not count basic training and advanced individual training. Item 12d shows all period of prior active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant successfully completed training for MOS 42A on 6 December 2003. This MOS is properly annotated on his DD Form 214. However, he also completed training for and he was awarded MOS 25C on 11 March 2005. He held this MOS until the date he was honorably released from active duty on 26 March 2006. However, his DD Form 214 inadvertently omitted this MOS. Therefore, he is entitled to correction of his DD Form 214 to show he served in MOS 25C for a period of 1 year.
2. The applicant completed two periods of ADT for a total of 8 months and 2 days consisting of 4 months and 16 days from 21 July 2003 to 6 December 2003 and 3 months and 16 days from 26 November 2004 to 11 March 2005. His DD Form 214 inadvertently omitted his second period of ADT. Therefore, he is entitled to correction of his DD Form 214 to show he completed 8 months and 2 days of prior active service.
BOARD VOTE:
__X_____ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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:
* adding to item 11 of his DD Form 214 for the period ending on 26 March 2006 the entry "25C2O Radio Operator maintainer 1 Year 0 Months"
* deleting from item 12d of his DD Form 214 for the period ending on 26 March 2006 the entry "000 04 16" and adding the entry "0000 08 02"
_______ _ 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) AR20100029366
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ABCMR Record of Proceedings (cont) AR20100029366
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