BOARD DATE: 8 September 2011
DOCKET NUMBER: AR20110003607
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 item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his secondary military occupational specialty (MOS) of 19K (armor crewman).
2. The applicant states:
* His secondary MOS of 19K should be added to item 11 of his
DD Form 214
* There is no reflection of his training in that specialty indicated on his
DD Form 214
* He served in this MOS from his initial entry date on 3 January 1985 until he accepted his new MOS change on 1 December 2001
3. The applicant provides no documentary evidence.
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 applicant enlisted in the Regular Army on 3 January 1985. He completed his training and he was awarded MOS 19E. He remained on active duty through continuous reenlistments until he retired in the rank/grade of sergeant first class (SFC)/E-7 on 28 February 2005.
3. Item 11 of his DD Form 214 shows the entry "79R44 00 RECRUITER --
6 YRS-11 MOS//NOTHING FOLLOWS."
4. Section IX (Assignment Information) of his Enlisted Record Brief (ERB) shows his duty MOS was 19E on 16 June 1987.
5. Orders 204-322, issued by the 509th Personnel Service Company (Korea), dated 23 October 1989, promoted the applicant from corporal to sergeant with an effective date and date of rank of 1 November 1989 in primary MOS 19E.
6. Orders 135-73, issued by Headquarters, 3rd Infantry Division, Fort Stewart, GA, dated 15 May 1997, promoted the applicant from sergeant to staff sergeant with an effective date and date of rank of 1 June 1997 in primary MOS 19K.
7. The U.S. Army Human Resources Command Enlisted MOS Conversion Chart shows MOS 19E was converted to MOS 19K on 1 May 1998.
8. Department of the Army Pamphlet 351-1 (Formal Schools Catalog) states MOS 19E is approximately a 9-week course.
9. His Noncommissioned Officer Evaluation Report (NCOER) covering the period December 2001 to November 2002 shows he was promoted to sergeant first class on 1 December 2001 and his PMOS is shown as 79R. His remaining NCOERs show his PMOS as 79R.
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 ERB 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. 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 11 of his DD Form 214 is incorrect appears to have merit.
2. The evidence of available records show he served in primary MOS 19E, which was later converted to MOS 19K, from at least 16 June 1987 through
30 November 2001. Further, his contention that he served in this MOS until he was reclassified into MOS 79R is accepted as sufficient evidence to show he completed training in MOS 19E and was awarded MOS 19E around 15 May 1985 (after approximately 8 weeks of basic combat training and 9 weeks of MOS training), a period of 16 years and 7 months. Therefore, item 11 of his DD Form 214 should be corrected to show he served in MOS 19K3O for 16 years and 7 months.
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 the "19K3O 00 ARMOR CREWMAN --
16 YRS-7 MOS."
________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) AR20110003607
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ABCMR Record of Proceedings (cont) AR20110003607
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