IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110012679
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) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military occupational specialty (MOS) 27D1O (Paralegal Specialist).
2. He states that item 11 of his DD Form 214 shows an erroneous MOS.
3. The applicant submitted the following documents in support of his application:
* DD Form 214
* DA Form 1059 (Service School Academic Evaluation Report)
* certificate of completion
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's record shows that after prior enlisted service in the U.S. Marine Corps, he enlisted in the U.S. Army Reserve on 2 August 2001 in MOS 71D (Legal Specialist) and was ordered to active duty in support of Operation Enduring Freedom on 13 January 2003.
3. He submitted a DA Form 1059 which shows he attended Phase II of the Paralegal Specialist Course from 22 June to 3 July 2003 for a period of 12 days.
4. The applicant submitted a certificate of completion from the Adjutant General School, Soldier Support Institute, Fort Jackson, SC that shows he successfully completed the Paralegal Specialist Course during the period 22 June to 3 July 2003.
5. On 6 August 2003, the applicant was released from active duty and he was returned to the U.S. Army Reserve (USAR) to complete his remaining Reserve obligation. Item 11 of his DD Form 214, dated 6 August 2003, shows MOS 91B1O 00 (Medical Specialist)--0 years (YRS)-0 months (MOS).
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 titles of all MOS 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. Evidence of record shows the applicant completed the 27D, Paralegal Specialist course on 3 July 2003. Therefore, he is entitled to have item 11 of his DD Form 214 corrected to show 27D1O 00, Paralegal Specialist, 0 YRS, 1 MO.
2. There is no evidence that he was awarded or served in MOS 91B, Medical Specialist. Therefore, he is entitled to have item 11 of his DD Form 214 corrected to delete this entry.
BOARD VOTE:
____X___ ____X___ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. deleting 91B1O 00, Medical Specialist -- 0 yrs-0 MOS from item 11 of his DD Form 214 for the period ending 6 August 2003; and
b. adding 27D10 00, Paralegal Specialist -- 0 YRS-1 MO to item 11 of his DD Form 214 for the period ending 6 August 2003.
_______ _ 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) AR20110012679
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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