IN THE CASE OF:	  

		BOARD DATE:	  29 March 2012

		DOCKET NUMBER:  AR20110019096 


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 item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to change the entry "19D3O Cavalry Scout - 1 year, 5 months" to "11B3O Infantryman - 1 year, 2 months."

2.  The applicant states, in effect, orders were published changing his primary military occupational specialty (MOS) from 19D to 11B; however, these orders were not posted in his military records until 30 March 2006.  He discovered the mistake in 2011.

3.  The applicant provides a copy of his DD Form 214 and Orders 013-004, dated 13 January 2005.

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 Texas Army National Guard (TXARNG) on 
19 January 1986.  His records contain a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) which shows he was honorably discharged from the TXARNG on 11 August 1993 in the rank/grade of sergeant (SGT)/E-5 and that he:

* held the MOS 12F (Engineer Tracked Vehicle Crewman) from 5 August 1986 to 23 June 1987
* held the MOS 11B (Infantryman) from 24 June 1987 to 11 August 1993

3.  He reenlisted in the TXARNG on 17 November 2001 for the MOS.

4.  His records contain 10 Noncommissioned Officer Evaluation Reports (NCOER) ranging in date from December 2001 through December 2005.  Each of the NOCERs lists his MOS as 19D.

5.  His records contain a DA Form 4187 (Personnel Action), dated 1 January 2004.  This form lists his primary MOS as 19D and his secondary MOS as 11B.

6.  His records contain Orders Number 208-1128, issued by the Texas Military Forces, Joint Forces Headquarters, Adjutant Generals Department, Austin, TX on 26 July 2004.  These orders reassigned him to Headquarters and Headquarters Company, 112th Armor Battalion, 2nd Brigade, in the MOS 19D, effective 1 July 2004.

7.  His records contain a DA Form 4187 (Personnel Action), dated 20 October 2004, wherein he requested that his primary MOS be listed as 11B and his secondary MOS as 19D.  

8.  His records contain Orders Number 208-1128, issued by Headquarters, 112th Armor Battalion, 2nd Brigade, Camp Taqaddum, Iraq, on 13 January 2005.  
These orders award him the primary MOS 11B3Y and the secondary MOS 19D3P, with an effective date of 20 October 2004.  

9.  He was honorably released from active duty on 7 January 2006.  Item 11 
(Primary Specialty) of his DD Form 214 shows the entry "19D3O Calvary Scout - 1 year, 5 months."

10.  Army Regulation 655-5 (Separation Documents) applies to Active Army soldiers, U.S. Military Academy cadets, Army National Guard of the United States (ARNGUS), and the U.S. Army Reserve (USAR).  Paragraph 2–4h (Completing the DD Form 214) provides detailed instructions and source document(s) for completing each block of the DD Form 214.  Item 11 of the DD Form 214 will be completed using the enlisted record brief.  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 AIT.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record shows orders awarded him the primary MOS 11B3Y and the secondary MOS 19D3P, with an effective date of 20 October 2004.  

2.  Army regulation states the titles of each MOS a Soldier served in for at least 1 year will be included in item 11 of the DD Form 214.  The entry will include the number of years and months served, and days numbering 16 or more will count as a month.  His records show:

* He served in MOS 12F from 5 August 1986 to 23 June 1987, a period of 10 months and 18 days
* He served in MOS 11B from 24 June 1987 to 11 August 1993 and from 
20 October 2004 to 7 January 2006, a period of 7 years, 4 months, and 17 days
* He served in MOS 19D from 1 November 2001 to 19 October 2004, a period of 2 years, 11 months and 18 days

3.  Evidence shows he served in both MOS 19D and 11B for more than a year.  Therefore he is entitled to have item 11 of his DD Form 214 corrected to show he 
served in MOS 19D3P for three years and MOS 11B3Y for 7 years and 4 months.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* deleting the following entry from item 11 of the DD Form 214

* 19D3O CAVALRY SCOUT – 1 YEAR, 5 MONTHS//NOTHING FOLLOWS

* adding the following entry to item 11 of the DD Form 214

* 11B3Y INFANTRYMAN – 7 YEARS, 4 MONTHS//19D3P CAVALRY SCOUT – 3 YEARS, 5 MONTHS//NOTHING FOLLOWS"

2.  The Board further determined 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 correcting his DD Form 214 to change the entry "19D3O CAVALRY SCOUT – 1 YEAR, 5 MONTHS" to "11B3O INFANTRYMAN – 1 YEAR, 2 MONTHS."



      ____________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)                                         AR20110019096



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ABCMR Record of Proceedings (cont)                                         AR20110019096



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