IN THE CASE OF:
BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110024205
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 block 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in military occupational specialty (MOS) 98G (Cryptologic Communications Interceptor/Locator).
2. The applicant states he served as a 98G for approximately three years prior to being awarded MOS 31D (Criminal Investigation (CID) Special Agent). He understands that MOS 98G was redesignated to another alpha-numeric designator.
3. The applicant provides MOS and reassignment orders.
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 applicants 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 applicants 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 22 April 1999.
3. Orders 158-06, dated 6 June 2000, awarded him MOS 98G1L effective
29 June 2000 or upon completion of MOS producing school.
4. Orders 158-07, dated 6 June 2000, directed his reassignment to attend the
Communications Electronic Warfare Equipment Operators Course (CEWEOC) during the period 10 July - 18 August 2000 as follow-on training. These orders also directed his reassignment to his permanent duty station with a reporting date of 2 September 2000.
5. A DA Form 2166-8 (Noncommissioned Officer Evaluation Report) shows his date of rank to sergeant (SGT)/E-5 as 1 September 2001. Based on his promotion to SGT, his MOS would have changed to 98G2L.
6. A DA Form 1059 (Service School Academic Evaluation Report) shows he completed the Apprentice Special Agent Course on 19 July 2002. The DA Form 1059 shows his MOS as 95D (now designated as 31D).
7. He was honorably released from active duty on 21 August 2005 in the rank and grade of SGT/E-5. Block 11 of his DD Form 214 shows the entry "31D2O CID Special Agent - 3 yrs 1 mos." This entry reflects service in MOS 31D from 19 July 2002 (date of completion of the Apprentice Special Agent Course) to 21 August 2005 (date release from active duty).
8. On 1 October 2007, MOS 98G2O was changed to 35P2O. The MOS title was changed to Cryptologic Linguist.
9. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It provides that that the titles of all MOSs or areas of concentration (AOC) served in for at least one year will be entered in block 11 and will include the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advance individual training.
DISCUSSION AND CONCLUSIONS:
1. Orders show he was awarded MOS 98G effective 29 June 2000 or upon completion of MOS producing school, in his case, it appears to be upon completing the CEWEOC on 18 August 2000.
2. Evidence shows he served in MOS 98G from 19 August 2000 through 18 July 2002, 1 day prior to completion of the Apprentice Special Agent Course, for a total of 1 year and 11 months. Although MOS 98G was redesignated to 35P, the changed occurred after his period of active service. Therefore, it would be appropriate to correct his DD Form 214 by adding MOS 98G2L to block 11.
BOARD VOTE:
___X ___ ___X ___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding to block 11 of his DD Form 214 the entry "98G2L Cryptologic Communications Interceptor/Locator - 1 year - 11months."
__________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) AR20110024205
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ABCMR Record of Proceedings (cont) AR20110024205
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