IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110009953 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military occupational specialties (MOS) and training.

2.  The applicant states his specialized military training, as reflected in his MOS qualifiers, is not shown on his DD Form 214.  He contends that at the time of discharge he could not legally practice his military combat skills, but now there are several jobs available for someone with his background.  The DD Form 214 is the legal document that shows these skills.

3.  The applicant provides copies of his:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* Diploma, Individual Infantry Training, dated 10 June 1983
* Diploma, Airborne Course, dated 14 July 1983
* Hazardous duty orders, dated 18 July 1983
* Diploma, Special Forces Qualification Course, dated 18 November 1983
* MOS orders, dated 10 October 1984, withdrawing MOS 11B (Infantryman) and awarding MOS 18B1O (Special Forces)
* Diploma, Spanish Basic Course, dated 20 December 1985
* DA Form 1059 (Service School Academic Evaluation Report) dated 
20 December 1985
* Letter, undated, reporting applicant's language proficiency ratings
* MOS orders, dated 2 January 1986 withdrawing MOS 18B1O and awarding MOS 18B1L00LA (Special Forces with Spanish language qualification)
* Diploma, Primary Leadership Development Course, 7 November 1986
* Letter of Commendation, dated 7 November 1986
* Promotion Orders to sergeant, pay grade E-5, dated 18 November 1986
* Promotion Orders to staff sergeant, pay grade E-6, dated 22 June 1987

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.  On 8 March 1983, the applicant enlisted in the Regular Army.  He completed the Individual Infantry Training Course (13 weeks) and was awarded primary military occupational specialty (PMOS) 11B (Infantryman) on 10 June 1983.

3.  On 14 July 1983, the applicant completed the 3-week Basic Airborne Course and was awarded the Parachutist Badge.

4.  On 18 November 1983, the applicant successfully completed the 17-week Special Forces Qualification Course and was awarded the Special Forces Tab.

5.  On 20 December 1985, the applicant successfully completed the 720-hour 
(18 weeks) Spanish Basic Course.

6.  On 7 November 1986, the applicant completed the 4-week Primary Leadership Development Course.

7.  Orders 196-37, Fort Bragg, North Carolina, dated 10 October 1984, awarded the applicant PMOS 18B1O (Special Forces) and secondary military occupational specialty (SMOS) 11B1O, effective 1 September 1984.

8.  Orders 1-111, Fort Bragg, North Carolina, dated 2 January 1986, withdrew PMOS 18B1O, and awarded him PMOS 18B1L00LA (Special Forces with additional skill identifier for Spanish language proficiency), effective 2 January 1986.

9.  Orders 216-82, Fort Bragg, North Carolina, dated 18 November 1986, promoted the applicant to sergeant, pay grade E-5, in PMOS 18B2L00LA, with a date of rank of 2 November 1986.  He was awarded SMOS 11B2O.

10.  Orders 118-44, Fort Bragg, North Carolina, dated 22 June 1987, promoted the applicant to staff sergeant, pay grade E-6, in PMOS 18B3L00LA, and SMOS 11B3O with a date of rank of 22 June 1987.

11.  On 27 December 1989, the applicant was discharged due to hardship.  He had completed 6 years, 9 months, and 20 days of creditable active service.

12.  The applicant's DD Form 214 (as corrected by a DD Form 215 (Correction to DD Form 214)) shows in:

	a.  Item 11 (Primary specialty Number, title and Years and Months in Specialty): 18B3L00LA 2 years 6 months; and

	b.  Item 14 (Military Education):  NA//NOTHING FOLLOWS//

13.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 is a summary of a Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge.  It further required:

	a.  Item 11 (Primary Specialty) for enlisted Soldiers, enter the first five characters of the MOS which will include the three characters of the MOS, the fourth character of the skill and grade level in the MOS, and the fifth character of a special qualification identifier (SQI), if applicable; otherwise enter "O."

	b.  Item 14 (Military Education) list formal in-service (full-time attendance) training courses successfully completed during the period of service covered.  List course title, length in weeks, and the month and year of completion.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show all of his MOSs and military training.  He contends that at the time of discharge he could not legally practice his military combat skills; but now there are several jobs available for someone with his background.  The DD Form 214 is the legal document that shows these skills.

2.  The available evidence clearly shows the applicant held the following MOSs for the periods of time indicated.  Accordingly, these MOSs should be added to his DD Form 214.

	a.  11B3O (Infantryman) June 1983 to 27 December 1989 (6 years, 
6 months); and

	b.  18B3L (Special Forces) 1 September 1984 to 27 December 1989 
(5 years, 4 months).

3.  The available evidence shows the applicant completed the following training which should be shown on his DD Form 214:

* Basic Airborne Course, 3 weeks, July 1983
* Spanish Basic Course, 18 weeks, December 1985
* Primary Leadership Development Course, 4 weeks, November 1986

4.  The available evidence shows the applicant completed the following training courses which the governing regulation excluded from entry on the DD Form 214 because they primarily taught combat skills:

* Individual Infantry Training Course, 13 weeks, June 1983
* Special Forces Qualification Course, 17 weeks, November 1983

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:

	a.  deleting all entries in Items 11 and 14 of his DD Form 214;

	b.  adding in Item 11:

* 11B3O, Infantryman, 6 years and 6 months
* 18B3L, Special Forces, 5 years, 4 months

	c.  adding in Item 14:

* Basic Airborne Course, 3 weeks, July 1983
* Spanish Basic Course, 18 weeks, December 1985
* Primary Leadership Development Course, 4 weeks, November 1986

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 showing the applicant's infantry and Special Forces training.



      _______ _  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)                                         AR20110009953



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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