IN THE CASE OF:
BOARD DATE: 20 September 2011
DOCKET NUMBER: AR20110005304
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) be corrected to show his military occupational specialty (MOS) of 31L1O and his time served in Iraq and Kuwait.
2. The applicant states that his DD Form 214 incorrectly reflects a MOS of 25Q1O when in fact his MOS was 31L1O and his service in Iraq and Kuwait are not reflected on his DD Form 214.
3. The applicant provides no additional documents with his application.
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 7 May 2003 for period of 4 years and training as a cable systems installer in MOS 31L1O.
3. He completed his basic training at Fort Benning, Georgia and his advanced individual training at Fort Gordon, Georgia. He was awarded MOS 31L1O and remained assigned to Fort Gordon.
4. Information received from officials at the Defense Finance and Accounting Service (DFAS) indicates that the applicant received hostile fire/imminent danger pay and combat zone tax exclusion in Kuwait during the period of 27 October 2003 through 20 February 2004 (3 months and 24 days) and from 22 January 2005 through 18 January 2006 (11 months and 27 days).
5. During Fiscal Year 2005 the Army went through a period of restructuring enlisted MOSs. MOS 31L was converted to 25L and the applicants MOS was changed to 25L1O.
6. On 7 June 2006 he was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12B, due to a pattern of misconduct. He had served 3 years, 1 month, and 1 day of active service.
7. His DD Form 214 issued at the time of his discharge shows his primary specialty as 25Q1O Multi-channel transmission operator/maintainer 2 years, 8 months. His DD Form 214 shows no foreign service or deployments.
8. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that only the last unit of assignment will be entered on the DD Form 214. There are no provisions for entering multiple units of assignment on the DD Form 214. However, it does provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks): "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his MOS is improperly reflected on his DD Form 214 has been noted and found to have partial merit. The applicant was originally awarded MOS 31L1O and that MOS was converted to MOS 25L1O during a major Army MOS conversion. However, at the time of his discharge his MOS was incorrectly reflected as 25Q1O.
2. Accordingly, his DD Form 214 should be corrected to reflect in block 11 (Primary Specialty) the entry 25L1O Cable Systems Installer 2 yrs 8 mo.
3. The applicants contention that his service in Kuwait and Iraq are not properly reflected on his DD Form 214 has also been noted and found to have some merit. Information received from the DFAS indicates that he served in Kuwait from 27 October 2003 through 20 February 2004 (3 months and 24 days) and from 22 January 2005 through 18 January 2006 (11 months and 27 days).
4. Accordingly, his DD Form 214 should be corrected by showing in block 12f that he served 1 year, 3 months and 21 days of foreign service and by adding the entry "Service in Kuwait from 20031027 20040220 and 20050122 through 20060118 in block 18 (Remarks).
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:
* Deleting the entry 25Q1O MULTICH TRANS OP/MNT 2 YRS 8 MO in block 11 of his DD Form 214
* Adding the entry 25L1O Cable Systems Installer 2yrs 8 mo in block 11 of his DD Form 214
* Deleting the entry 0000 00 00 in block 12f. of his DD Form 214
* Adding the entry 0001 03 21 in block 12f. of his DD Form 214
* Adding the entry "Service in Kuwait from 20031027 20040220 and 20050122 through 20060118 in block 18 (Remarks)
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 adding the MOS 31L10 to his DD Form 214.
__________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) AR20110005304
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