IN THE CASE OF:
BOARD DATE: 27 October 2011
DOCKET NUMBER: AR20110005983
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 27 February 1999 to show the actual amount of time he held his military occupational specialty (MOS) 11B (infantryman).
2. The applicant states, in effect, that the time he held his MOS should equal his entire first enlistment.
3. The applicant provides a copy of 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 applicant enlisted in the Regular Army on 1 November 1995 for a period of 3 years and 17 weeks. On 27 February 1999, he was honorably released from active duty at the completion of required active service.
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he completed the U.S. Army Infantry Training Basic Course in 13 weeks and he was awarded MOS 11B. However, the initial orders awarding him MOS 11B are not available for review.
4. Item 11 of his DD Form 214 reads, "Primary Specialty (List number, title and years and months in specialty. List additional numbers and titles involving periods of one or more years.)" It shows "11B2V 00 INFANTRY--3YRS-00 MOS//NOTHING FOLLOWS."
5. Item 12c (Net Active Service this Period) of his DD Form 214 for the period ending 27 February 1999 shows he completed 3 years, 3 months, and 27 days of net active service.
6. Army Regulation 635-5 (Personnel Separations - 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 that for Item 11, enter the MOS codes, titles, years, and months for enlisted personnel. For time determination, 16 days or more count as a month. Do not count basic and advanced individual training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the time he held his infantry MOS should equal his entire period of enlistment.
2. The applicant was not awarded his infantry MOS until after he had completed 13 weeks of training. His DD Form 214 for the period ending 27 February 1999 show he served 3 years, 3 months, and 27 days of net active service this period. The 3 months and 27 days equates to the 13 weeks of his basic and advanced individual training; however, this time is not counted when determining the amount of time an MOS is held. Therefore, the 3 years in Item 11 of his
DD Form 214 for the period ending 27 February 1999 appears to be correct as shown.
3. In view of the foregoing there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20110005983
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