BOARD DATE: 17 November 2011
DOCKET NUMBER: AR20110011330
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) for the period ending 16 March 2005 to show in block 11 (Primary Specialty) the correct years and months he served in his primary specialty.
2. The applicant states his DD Form 214 does not reflect his correct amount of time served in his primary specialty.
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 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 U.S. Army Reserve (USAR) on 27 June 1990. He was ordered to active duty training (ADT) on 5 July 1990. He completed his basic training at Fort Dix, NJ and his advanced individual training (AIT) as a food service specialist at Fort Lee, VA before being released from ADT on
16 November 1990.
3. He continued to serve in the USAR through a series of continuous reenlistments. On 7 December 2003 he was ordered to active duty in support of Operation Iraqi Freedom and he deployed to Kuwait/Iraq from 9 February 2004 to 27 February 2005.
4. On 16 March 2005, he was honorably released from active duty (REFRAD) due to completion of required service. Block 11 of his DD Form 214 for this period of service reflects he had 9 years and 5 months in the primary specialty of 92G1O Food Service Operations.
5. The applicant served as a food service specialist from 16 November 1990 to 16 March 2005, a period of 14 years and 4 months.
6. 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. 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 applicants contention that his DD Form 214 should be corrected to reflect the correct amount of time served in his primary specialty has been carefully considered.
2. Records show the applicant served in his same primary specialty for a period of 14 years and 4 months throughout his continuous active and inactive service.
His DD Form 214 for the period 7 December 2003 through 16 March 2005 shows he completed 1 year, 3 months, and 10 days of creditable active service during the period covered by the DD Form 214. Block 11 of this DD Form 214 reflects he served in his MOS for 9 years and 5 months.
3. Army policy provides that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It also provides that block 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.
4. In view of the fact that the applicant was only mobilized for a period of 1 year, 3 months, and 10 days and that he held MOS 92G for this entire period, the correct entry that should have been placed in block 11 of his DD Form 214 for the period ending 16 March 2005 is "92G1O FOOD SERVICE OPERATIONS--
01 YRS--03 MOS//NOTHING FOLLOWS."
5. Although it appears that an administrative error was made in the issuance of his DD Form 214 for this period of service, 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 effect 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:
1. 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.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are
deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20110011330
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110011330
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2006 | 20060016115
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Army Good Conduct Medal and his military occupational specialty (MOS) as 21B1O (Combat Engineer) 2. The evidence clearly shows that the applicants commander determined that he had met the requirements for award of the Driver and Mechanic Badge with Driver-T Bar. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2013 | 20130015621
His DD Form 214 shows, among other awards, one award of the AAM. There are no orders for a second award of the AAM in the available records. Item 11 of the applicant's DD Form 214 shows he served 2 years and 11 months in MOS 92G.
ARMY | BCMR | CY2009 | 20090009303
Application for correction of military records (with supporting documents provided, if any). The applicant states that his orders and awards show that he was ordered to active duty and served as a military policeman; however, his DD Form 214 reflects his primary specialty as a 92G (Food Service Specialist). While the record is clear that the applicant was school trained, deployed, and served as an MP in support of Operation Enduring Freedom, there is insufficient evidence in the available...
ARMY | BCMR | CY2009 | 20090007855
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in the following military occupational specialties (MOSs): a. MOS 15E4O (Pershing Missile Crewman) for 12 years and 11 months; b. MOS 00R4O (Recruiter/Retention NCO) for 2 years; and c. MOS 94B4O (Food Service Specialist) for 3 years and 7 months. The applicant provides, in support of his application, a copy of his DD Form 214 with a separation date of 30 April 1995....
ARMY | BCMR | CY2010 | 20100018083
The applicant states his DD Form 214 incorrectly reflects that he was veterinary specialist when in fact he was always a radiology specialist. He successfully completed his training as a radiology specialist at Fort Sam Houston, Texas, on 15 September 2005 and was awarded MOS 91P1O. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his primary MOS as "91P1O Radiology Specialist" instead of "68R1O Veterinary Food...
ARMY | BCMR | CY2011 | 20110008148
This medical document revealed the following: a. the applicant stated he had lower back pain for the past 6 years. His DA Form 3349 shows in: a. block 6 (Army Physical Fitness Test (APFT)), he was unable to do the 2-mile run, but he was able to do sit-ups and push-ups and alternate APFT events of walking, swimming, or biking. Therefore, the applicant's discharge on 23 January 2009 by reason of completion of his required period of active service and subsequent service in the Army National...
ARMY | BCMR | CY2014 | 20140014104
He had served 3 years, 4 months, and 16 days of active service and his DD Form 214 issued at the time of his discharge shows he was awarded the National Defense Service Medal, Global War on Terrorism Service Medal, and the Army Service Ribbon. The applicant deployed with his unit, the 37th Engineer Battalion, and served in Iraq for 10 months participating in two named campaigns during the period 23 March 2003 through 22 January 2004. The applicant served during qualifying periods for...
ARMY | BCMR | CY2005 | 20050015876C070206
The evidence shows the applicant held the MOS 72E (which includes the time spent in the MOS 72F, prior to conversion), as primary MOS, for 9 years and 3 months and held the MOS 94B as primary MOS for 4 years and 9 months. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting the Vietnam Service Medal, with one silver service star and five bronze service stars, from the applicant's DD Form 214; b. awarding the...
ARMY | BCMR | CY2008 | 20080015994
The applicant requests correction of her Certificate of Release or Discharge from Active Duty (DD Form 214) ending on 14 February 1991, to show her service during Desert Shield/Desert Storm. The applicant states, in effect, that she served in support of Desert Shield/Desert Storm from 27 August to November 1990; however, her DD Form 214 does not contain a record of this service. Item 12 (Record of Service) of the applicant's DD Form 214 ending on 14 February 1991 shows her foreign service...
ARMY | BCMR | CY2009 | 20090000814
IN THE CASE OF: BOARD DATE: 5 May 2009 DOCKET NUMBER: AR20090000814 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 December 1993 be corrected to show a higher Reentry (RE) Code and that he held military occupational specialty (MOS) 94B (Cook) for 3 years and a communication MOS for 11 years and 4 months. Army Regulation 635-5 (Separation Documents) provides, in...