BOARD DATE: 5 April 2012
DOCKET NUMBER: AR20110020195
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his primary specialty as that of single channel radio operator and that he served 3 years and 7 months in that military occupational specialty (MOS).
2. The applicant states his DD Form 214 incorrectly reflects his MOS of 31C (single channel radio operator) as medical specialist and that he only served 7 months in that MOS; however, he served 3 years and 7 months in MOS 31C.
3. The applicant provides no additional evidence.
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 Regular Army on 19 July 1985 for a period of 4 years, training as a single channel radio operator, and a cash enlistment bonus. He completed basic training at Fort Dix, New Jersey, and advanced individual training as a single channel radio operator at Fort Gordon, Georgia. He was transferred to Fort Sill, Oklahoma, for his first duty assignment.
3. He was transferred to Korea on 21 December 1986 and served until 21 December 1987 when he was transferred to Fort Ord, California.
4. On 18 July 1989, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He completed 4 years of total active service and had served as a single channel radio operator for 3 years and 7 months. However, his DD Form 214 reflects that he served as a medical specialist for 7 months in block 11 (Primary Specialty Number, Title, and Years and Months in Specialty).
5. A review of his official records shows the only MOS the applicant held while serving on active duty was that of 31C.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect information as it exists at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his MOS title and time served in his MOS are incorrectly depicted on his DD Form 214 has been noted and found to have merit.
2. The applicant served in MOS 31C as a single channel radio operator for a period of 3 years and 7 months and his DD Form 214 incorrectly reflects that he served as a medical specialist for a period of 7 months.
3. Accordingly, his DD Form 214 should be amended to reflect his correct MOS title and time served in that MOS.
BOARD VOTE:
___x__ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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:
* deleting the entry "31C1O00OO, MEDICAL SPECIALIST, 0 YRS, 7 MOS//NOTHING FOLLOWS" from block 11 of his DD Form 214
* adding the entry "31C1O00OO, SINGLE CHANNEL RADIO OPERATOR, 3 YRS, 7 MOS//NOTHING FOLLOWS" to block 11 of his DD Form 214
___________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) AR20110020195
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ABCMR Record of Proceedings (cont) AR20110020195
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