IN THE CASE OF:
BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110010512
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 item 11 (Primary Specialty) on his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in military occupational specialty (MOS) 11B (Infantry).
2. The applicant states:
* he was in the Army 6 years and 5 days
* his primary specialty was 11B approximately 3 1/2 years
* his primary specialty was 95B approximately 2 1/2 years
3. The applicant provides:
* Army Achievement Medal Certificate, dated 1 September 1992
* Permanent Orders 135-84, dated 19 August 1991
* Certificate of Achievement, dated 19 October 1992
* Army Achievement Medal Certificate, dated 15 June 1993
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 (RA) on 17 April 1990.
3. Orders 100-24 were published on 24 May 1990 awarding him MOS 11B1O effective 20 July 1990.
4. He reenlisted in the RA on 22 April 1993.
5. Orders 137-00287 were published on 17 May 1994 awarding him 95B1O (Military Police) as his primary MOS, effective 24 June 1994.
6. The applicant was honorably released from active duty on 21 April 1996. Item 11 on his DD Form 214 shows "95B1O Military Police 5 YRS-9 MOS//
NOTHING FOLLOWS."
7. The applicant submits orders 135-84 showing he was awarded the Expert Infantryman Badge for the period 24 June to 28 June 1991. The certificates he submits show his achievements while he was assigned to the 17th Infantry, 7th Infantry Division.
8. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part, it directs that the titles of all MOS or area of concentration (AOC) served in for at least 1 year will be entered in item 11 and will include the number of years and months served.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. His records show that he was awarded MOS 11B1O on 20 July 1990. He was awarded MOS 95B1O effective 24 June 1994. It would be appropriate to
amend item 11 on his DD Form 214 to show his correct years of service in MOS 11B1O and 95B1O as follows:
* 11B1O 20 July 1990-23 June 1994 (3 years, 11 months)
* 95B1O 24 June 1994-21 April 1996 (1 year, 10 months)
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending item 11 on his DD Form 214 to show "95B1O MILITARY POLICE 1 YR 10 MOS//11B1O INFANTRYMAN 3 YRS 11 MOS//NOTHING FOLLOWS//."
____________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) AR20110010512
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110010512
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