IN THE CASE OF:
BOARD DATE: 3 January 2012
DOCKET NUMBER: AR20110013064
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 Number, Title and Years Months in Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add military occupational specialty (MOS) 11B (Infantryman) or 11H (Heavy Anti-Armor Weapons Infantryman).
2. He states his DD Form 214 does not show the MOSs he held while serving in the Army National Guard (ARNG).
3. He 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. His records show he enlisted in the ARNG on 4 May 1982. His National Guard Bureau Form 22 (Report of Separation and Record of Service) shows he was awarded MOS 11H after completing 13 weeks of training. He was honorably discharged on 10 June 1985.
3. He enlisted in the Regular Army on 21 August 1985. His record includes Headquarters, U.S. Army Training Center and Fort Jackson, Order 180-410, dated 16 September 1985. This order shows he was awarded primary MOS (PMOS) 76Y (Unit Supply Specialist) and MOS 11H became his secondary MOS (SMOS).
4. On 21 October 1986, he was discharged. Item 11 on his DD Form 214 shows the entry 76Y1O Unit Supply Specialist, 1 Year, 3 months//Nothing Follows//.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation stated the DD Form 214 provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Chapter 2 contains preparation instructions for the DD Form 214. The instructions for Item 11 state to list the titles of all MOSs served for at least
1 year and to include the number of years and months served for each MOS.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that upon completion of training for MOS 76Y, MOS 11H was awarded as his SMOS.
2. As a result, it would be appropriate to show that he held MOS 11H during the 1 year and 2 months covered by his DD Form 214 for the period ending
21 October 1986.
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 amending his DD Form 214 for the period ending 21 October 1986 by adding the entry "11H1O Heavy Anti-Armor Weapons Infantryman, 1 Year, 2 Months" to the current entry in item 11.
_______ _ 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) AR20110013064
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ABCMR Record of Proceedings (cont) AR20110013064
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