Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110013076
Original file (20110013076.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110013076



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100000942

    Original file (20100000942.txt) Auto-classification: Approved

    The instructions for item 11 specify to enter the MOS codes, titles, years, and months for enlisted personnel and all additional MOS's served for a period of 1 year or more. Although there are no orders awarding the applicant MOS 11E, the evidence of record shows he successfully completed Basic Armor OSUT. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 11 of his 17 December 1979 DD Form 214 to show the...

  • ARMY | BCMR | CY2011 | 20110010596

    Original file (20110010596.txt) Auto-classification: Approved

    He is entitled to have item 11 of his DD Form 214 corrected to show he held and served in this MOS 1 year and 8 months. He is entitled to have item 11 of his DD Form 214 corrected to show he held and served in this MOS 6 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 11 of his DD Form 214 the entries "92A5M Automated Logistical - 26 Years 8 Months//92Y5M Unit Supply Specialist - 8 Years 1...

  • ARMY | BCMR | CY2006 | 20060012793

    Original file (20060012793.txt) Auto-classification: Approved

    The applicant requests that the entries at Item 11 (Primary Specialty) on his DD Form 214 (Certificate of Release or Discharge From Active Duty) be corrected. The records show the applicant entered active duty on 16 February 1973, completed training, and was awarded the MOS 11B. Item 11, on the 28 February 1995 DD Form 214, shows service in MOS 11B5O of 0 years and 0 months and in MOS 63B5O of 17 years and 2 months.

  • ARMY | BCMR | CY2012 | 20120002845

    Original file (20120002845.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 11 (Primary Specialty Number, Title, Years and Months in Specialty) to show he completed 3 years, 3 months, and 19 days of service in military occupational specialty (MOS) 11B (Infantryman). The applicant provides a copy of his DD Form 214 and Enlisted Record Brief. He had completed 3 years, 3 months, and 19 days of creditable active service.

  • ARMY | BCMR | CY2011 | 20110003607

    Original file (20110003607.txt) Auto-classification: Approved

    The applicant states: * His secondary MOS of 19K should be added to item 11 of his DD Form 214 * There is no reflection of his training in that specialty indicated on his DD Form 214 * He served in this MOS from his initial entry date on 3 January 1985 until he accepted his new MOS change on 1 December 2001 3. The evidence of available records show he served in primary MOS 19E, which was later converted to MOS 19K, from at least 16 June 1987 through 30 November 2001. As a result, the Board...

  • ARMY | BCMR | CY2014 | 20140002200

    Original file (20140002200 .txt) Auto-classification: Denied

    The applicant requests correction of his records to show his correct military occupational specialty (MOS) and that he was promoted to pay grade E-5. The applicant contends that his records should be corrected to show he was awarded PMOS 16C2O while on active duty, and promoted to pay grade E-5 and awarded PMOS 13B4O while in the USAR. However, there are no orders or other evidence that shows he was awarded MOS 16C2O as his PMOS.

  • ARMY | BCMR | CY2012 | 20120010064

    Original file (20120010064.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show this award. Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the...

  • ARMY | BCMR | CY2011 | 20110011979

    Original file (20110011979.txt) Auto-classification: Approved

    Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. General orders awarded him the Air Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award. The evidence of record shows he was awarded the Vietnam Service Medal.

  • ARMY | BCMR | CY2014 | 20140021160

    Original file (20140021160.txt) Auto-classification: Approved

    As of this date he held PMOS 95B2OV5 and had served in: * MOS 95B20 as an MP from 7 December 1977 to 24 September 1980 for 2 years and 10 months * MOS 95B20 V5 as an MPI from 25 September 1980 to 29 October 1982 for 2 years and 1 month * MOS 84B20 from 10 December 1980 to 29 October 1982 for 1 year and 11 months * MOS 63H20 between 25 April 1977 to 9 December 1980 for 3 years and 7 months 5. As he was not issued a DD Form 214 for the period 25 April 1977 to 10 July 1980, it would be...

  • ARMY | BCMR | CY2014 | 20140019618

    Original file (20140019618.txt) Auto-classification: Approved

    The applicant requests correction of his 30 June 2009 DD Form 214 (Certificate of Release or Discharge From Active Duty) to show – * his name as Terrill Trent L____ not Trent Terrill L____ * military occupational specialty (MOS) 11B2O (Infantryman) 1 year and 8 months with the additional skill identifier (ASI) P4 Tactical Information Operations * correction of his date of rank to 1 November 2007 * correction of "Tact Info Oops" to "Tact Info Ops" 2. Block 11, enter the titles of all MOS...