IN THE CASE OF:	  

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110009214 


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 block 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 5 March 2004 by reversing the periods of time served in each specialty.

2.  The applicant states the entries in block 11 of his DD Form 214 are incorrect because the duration of time he served in each military occupational specialty (MOS) is reversed.  He contends he actually served in primary MOS (PMOS) 88M (Motor Transport Operator) for 5 years and 5 months and in PMOS 63B (Light Wheel Vehicle Mechanic) for 2 years and 7 months.

3.  The applicant 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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record contains a National Guard Bureau (NGB) Form 21 (Annex A - DD Form 4 - Enlistment/Reenlistment Agreement - Army National Guard (ARNG)) that shows he enlisted in the ARNG on 25 March 1998 for training in MOS 63B.

3.  His record contains Orders 243-293, issued by Headquarters, U.S. Army Training Center, Fort Jackson, SC, dated 31 August 1998, that show he was awarded PMOS 63B effective upon successful completion of the 63B1O course.

4.  His record contains Orders 275-385, issued by same headquarters, dated 2 October 1998, that show he was awarded PMOS 63B1OH8 effective upon successful completion of the Recovery Operation Course.

5.  His record also contains a DA Form 2-1 (Personnel Qualification Record - Part II).  It shows in:

	a.  Block 6 (MOSs) he was awarded:

* 63B1OH8 on 2 October 1998 and is designated as his SMOS
* 88M1O on 18 August 2001 and is designated as his PMOS

	b.  Block 35 (Record of Assignments) he attended:

* basic training from 15 May 1998 through 9 July 1998
* advanced individual training in MOS 63B from 10 July 1998 to
15 October 1998

6.  On 15 October 1998, he was honorably released from active duty training at the completion of required active service.  He was transferred to his unit in the South Dakota ARNG (SDARNG)

7.  The DD Form 214 he was issued for this period of service shows in:

* Block 11 his PMOS as 63B1OH8  Light Wheel Vehicle Mechanic
* Block 14 (Military Education) he completed the:

* 10-week Light Wheel Vehicle Mechanic Course in September 1998
* 2-week Recovery Operator Course in October 1998

8.  His record contains Orders 230-001, issued by the 740th Transportation Company (-), SDARNG, Milbank, SD, dated 18 August 2001.  These orders show the applicant was awarded PMOS 88M1O and secondary MOS (SMOS) 63B1O, effective 18 August 2001.  These orders also withdrew 63B as his PMOS and show he was assigned to duty MOS (DMOS) 88M1O.

9.  On 16 February 2003, he was ordered to active duty in support of Operation Enduring Freedom.  On 5 March 2004, he was honorably released from active duty (REFRAD) upon completion of required active service.  The DD Form 214 he was issued for this period of service shows in Block 11 his PMOS as 88M and indicates he served as such for 2 years and 7 months.  Block 11 also shows he served in MOS 63B for a period of 5 years and 5 months.

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.  This regulation establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states:

	a.  the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

	b.  for block 11, from the Soldier's records, enter 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted for PMOS 63B on 25 March 1998.
On 31 August 1998 orders were published awarding him PMOS 63B upon successful completion of the 63B course.  His DA Form 2-1 shows he attended advanced individual training at Fort Jackson for MOS 63B from 10 July to 16 October 1998.  This period included the 10-week Light Wheel Vehicle Mechanic Course completed on or about 18 September 1998 and the 2-week Recovery Operator Course completed on or about 2 October 1998.

2.  He served in MOS 63B through 17 August 2001, at which time on 18 August 2001, he was awarded MOS 88M and SMOS 63B.

3.  At the time he was issued his DD Form 214 for the period 16 February 2003 to 5 March 2004, he had held 88M and 63B as follows:
	a.  MOS 88M:

			2004  03  05		(REFRAD)
		-	2001  08  18		(Awarded MOS 88M)
			0002  06  17	=	2 years and 7 months in MOS 88M

	b.  MOS 63B:

			2004  03  05		(REFRAD)
		-	1998  09  18		(Awarded MOS 63B)
			0005  05  17	=	5 years and 6 months in MOS 63B

4.  The evidence of record show that as of 5 March 2004 he had held and served in PMOS 88M for 2 years and 7 months and PMOS 63B for 5 years and 6 months.  

5.  Army policy provides that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It also provides that item 11 of the form will show each MOS served (i.e., held) in during the period covered by the DD Form 214 in terms of the number of years and months served in each MOS.

6.  In view of the fact that the applicant was only mobilized for a period of 1 year and 20 days and that he held MOS 88M and 63B for this entire period, the correct entry that should have been placed in block 11 of his DD Form 214 is "88M1O 00 MOTOR TRANSPORT OPERATOR -- 1 YR - 1 MO//63B1O 00 LIGHT WVEH MECH – 1 YEAR – 1 MO."

7.  Although it appears that an administrative error was made in the issuance of his DD Form 214 for the period ending 5 March 2004, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the administrative change to correct block 11 of his DD Form 214.

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)                                         AR20110009214



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ABCMR Record of Proceedings (cont)                                         AR20110009214



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