IN THE CASE OF:	

		BOARD DATE:	  18 January 2012

		DOCKET NUMBER:  AR20110013174 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 2006 to show military occupational specialty (MOS) 74D5M/H (Chemical, Biological, Radiologic, and Nuclear Specialist) as her primary MOS (PMOS) and the correct periods of time that she held her PMOS, secondary MOS (SMOS), and additional MOS (AMOS).

2.  The applicant states she spent 16 years and 6 months in MOS 74D5MH;
1 year and 4 months in MOS 63X58 (Maintenance Supervisor); and 4 years in MOS 42A5H (Human Resources Specialist) because she held MOS 71L (Administrative Specialist) and it converted to MOS 42A.

3.  The applicant provides no documentary evidence in support of her application and states that records of training should be available in her military records.

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 enlisted in the Army National Guard of the United States (ARNGUS) on 26 February 1989.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 6 (Military Occupational Specialties) she was awarded the following MOSs on the dates indicated:

* PMOS 74D4M (Chemical Operations Specialist) - 10 September 1990
* SMOS 42A4H (Human Resources Specialist) - 5 December 1987
* AMOS 79S4O (Career Counselor) - 5 December 1987

	b.  item 17 (Civilian Education and Military Schools) she completed the following courses of instruction:

* Administrative Specialist [MOS 71L] - 1980
* Personnel Administrative Specialist [MOS 75B] - 1986
* Chemical Operations Specialist [MOS 54B] - 1990

4.  Orders 045-039, issued by the Department of Military Affairs, State of Illinois, Springfield, IL, dated 14 February 2006, promoted the applicant to the rank/grade of master sergeant (MSG)/E-8, effective 13 February 2006.  The orders:

	a.  withdrew her PMOS 74D4M, SMOS 42A4H, and AMOS 79S4O; and

	b.  awarded her PMOS 63Z5H, SMOS 74D5O, and AMOSs 42A5O and 79S5O.

5.  Orders 159-110, issued by the same headquarters, dated 8 June 2006, show the applicant was on active duty in the Active Guard Reserve (AGR) during the period 2 February to 31 October 2006.  The "For Army Use" section shows "Duty Position Qualification:  PMOS:  63Z5H, SMOS:  74D5O, AMOS:  42A5OYY."

6.  The applicant's DD Form 214 shows she entered active duty this period on
13 January 1991 and was honorably retired from the ARNGUS on 31 October 2006 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 12, by reason of sufficient service for retirement.  She completed 15 years, 9 months, and 18 days of net active service this period.  Item 11 (Primary Specialty) shows: the entry:

* 63X58, Vehicle Maintenance Supervisor - 9 years, 5 months
* 54B5M, Chemical Operations Specialist - 6 years, 4 months

7.  The applicant's NGB Form 22 (Report of Separation and Record of Service), for the period ending 1 November 2006, shows she enlisted in the Illinois ARNG on 26 February 1989 and was honorably retired on 1 November 2006 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-360 (Discharge and transfer to the retired reserve (under age 60)).  It also shows in item 13 (Primary Specialty Number, Title and Date Awarded) the entry:

* (P) 63Z5H, Mechanical Maintenance Supervisor - 13 February 2006
* (S) 74D5O, Chemical, Biological, Radiologic, and Nuclear Specialist -
			10 September 1990
* (A) 42A5O, Human Resource Specialist - 5 December 1987

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record, Officer Record Brief, enlistment/
reenlistment documents, personnel finance records, discharge documents, separation orders, or any other document authorized for filing in the Official Military Personnel File (OMPF).

	a.  Table 2-1 (DD Form 214 Preparation Instructions) contained item-by-item instructions for completing the DD Form 214.

	b.  Item 11 states, from the Personnel Qualification Record/Enlisted Record Brief, enter the titles of all MOSs served for at least 1 year during the period covered by the report and include for each MOS the number of years and months served [from the date entered active duty this period].  For time determination,
16 days or more count as a month.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 11 of her DD Form 214 should be corrected to show MOS 74D5MH (16 years, 6 months), MOS 63Z58 (1 year, 4 months), and MOS 42A5H (4 years).
2.  Records show the applicant was:

* awarded PMOS 63Z5H upon promotion to MSG (E-8), effective
13 February 2006
* initially awarded MOS 74D4M on 10 September 1990 and awarded SMOS 74D5O upon promotion to MSG
* initially awarded MOS 42A4H on 5 December 1987 and awarded AMOS 42A5O upon promotion to MSG
* initially awarded MOS 79S4O on 5 December 1987 and awarded AMOS 79S5O upon promotion to MSG

3.  A calculation of the period of time the applicant held each MOS during the period of active duty under review shows:

	2006  10  31		date of separation from active duty
         - 2006  02 13		date MOS 63Z initially awarded
         =    00  08 18		total time MOS 63Z held at time of separation

	2006  10  31		date of separation from active duty
         - 1991  01 13		date of entry on active duty this period
         =    15  09 18		time MOSs 74D, 42A, and 79S held at time of separation

4.  Thus, the evidence of record shows that at the time of her separation from active duty and retirement the applicant held:

* MOS 63Z5H less than 1 year
* MOS 74D5O, MOS 42A5O, and MOS 79S5O for 15 years and 10 months

5.  Despite the fact that the applicant held MOS 63Z5H for less than 1 year, it would be appropriate to list her correct PMOS on her final DD Form 214 in this instance.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show her MOSs as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  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 her DD Form 214 for the period ending
31 October 2006 all entries; and

	b.  adding to item 11 of her DD Form 214 for the period ending 31 October 2006:

* 63Z5H, MECHANICAL MAINTENANCE SUPERVISOR - 9 MOS
* 74D5O, CHEMICAL, BIOLOGICAL, RADIOLOGIC, AND NUCLEAR SPECIALIST - 15 YRS 10 MOS
* 42A5O, HUMAN RESOURCES SPECIALIST - 15 YRS 10 MOS
* 79S5O, CAREER COUNSELOR - 15 YRS 10 MOS

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to MOS 63Z5H [63X58] (1 year, 4 months), MOS 74D5MH (16 years, 6 months), and MOS 42A5H (4 years).



      ___________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)                                         AR20110013174



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ABCMR Record of Proceedings (cont)                                         AR20110013174



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