IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013076
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 and Months in Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed 2 years and 11 months in his primary and secondary military occupational specialties (PMOS/SMOS).
2. The applicant states a true and valid DD Form 214 should be presented to the Department of Veterans Affairs or any other entity.
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 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. The applicant's records show he enlisted in the Regular Army for 3 years on 3 January 1977. His records contain a DA Form 3286-40 (Statement for Enlistment U.S. Army Delayed Enlistment Program) that shows he enlisted for MOS 11E (Armor Crewman) (this MOS was later converted to MOS 19E).
3. He completed basic combat training (BCT) and advanced individual training (AIT) at Fort Knox, KY, under one-station unit training (OSUT) from 6 January 1977 through 1 April 1977. He was subsequently assigned to the 2nd Battalion, 32nd Armor, Germany.
4. On 17 July 1978, the U.S. Army Regional Personnel Center, Giessen, Germany, published Orders 198-31 promoting him to specialist four/E-4 in MOS 19G (Armor Reconnaissance Vehicle Crewman) effective 1 July 1978.
5. On 18 May 1979, the U.S. Army Regional Personnel Center, Giessen, Germany, published Orders 138-94, withdrawing MOS 19G as his PMOS and awarding him MOS 19E as his PMOS and 19G as his SMOS.
6. He was honorably released from active duty on 17 December 1979 and he was transferred to the U.S. Army Reserve Control Group (Standby) to complete his remaining service obligation.
7. His DD Form 214 shows he completed 2 years, 11 months, and 15 days of creditable active service. This form also shows the following entries in item 11:
* P19E1O M48-M60 ARMOR CREWMAN 00 YEARS 08 MONTHS
* S19G1O ARMOR RECONNAISSANCE VEHICLE CREWMAN 00 YEARS 08 MONTHS
8. On 21 December 2010, he was issued a DD Form 215 (Correction to DD Form 214) to reflect 2 years and 8 months in each MOS in response to his application to the ABCMR to correct his DD Form 214 to show he actually held each MOS for 2 years and 8 months.
9. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at BCT and AIT. Item 11 shows the titles of all MOS's served for at least 1 year and includes the number of years and months served for each MOS.
For time determination, 16 days or more count as 1 month. BCT and AIT are not counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed BCT and AIT under OSUT from 6 January 1977 through 1 April 1977. He appears to have been awarded both MOS 19G and MOS 19E upon completion of training. He also appears to have held and served in both MOS's until his honorable release from active duty on 17 December 1979.
2. His DD Form 214 erroneously showed completion of only 8 months in each MOS. However, he was issued a DD Form 215 that corrected this entry to show completion of 2 years and 8 months in each MOS.
3. Although he completed 2 years, 11 months, and 17 days of creditable active service, he only gets credit for 2 years and 8 months of service in each MOS because BCT and AIT (from 6 January 1977 through 1 April 1977) are not counted when determining his length of service in each MOS.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20110013076
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ABCMR Record of Proceedings (cont) AR20110013076
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