IN THE CASE OF:
BOARD DATE: 3 July 2012
DOCKET NUMBER: AR20110024758
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:
a. in item 11 (Primary Specialty) (also known as the primary military occupational specialty (PMOS)):
* 71L (Administrative Specialist) - 1 year and 2 months
* 15E (Pershing Missile Crewmember) - 4 years
* 15A (Pershing Missile Crewmember Evaluator); and
b. in item 14 (Military Education) completion of the Basic Noncommissioned Officer Course.
2. He states the requested additions were omitted from the final copy of his DD Form 214.
3. He 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 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. His military records show he enlisted in the Regular Army on 31 March 1982.
3. His DA Form 2-1 (Personnel Qualification Record) shows he was awarded the PMOS of 15E effective 25 June 1982.
4. Orders Number 246-176, dated 3 September 1985, published by Neu Ulm Composite Team, 569th Personnel Service Company awarded him the PMOS of 15E2OY1 effective 27 August 1985.
5. On 9 December 1985, he reenlisted for a period of 6 years.
6. Orders Number 290-526, dated 17 October 1986, published by Headquarters, U.S. Army Field Artillery Center and Fort Sill awarded him the secondary MOS of 71L effective 15 October 1986.
7. Orders Number 133-2, dated 12 July 1990, published by U.S. Army Fort Belvoir awarded him PMOS 52C (Utilities Equipment Repairer) effective 5 October 1990.
8. He was honorably discharged from active duty on 3 December 1991. He completed 9 years, 8 months, and 3 days of active service.
9. Item 14 of his DD Form 214 does not list the Basic Noncommissioned Officer Course. A review of his records failed to reveal any documents related to his successfully completing the Basic Noncommissioned Officer Course.
10. His record is also void of any documentation to show he either was awarded or served in MOS 15A at any time during his military career.
11. Army Regulation 635-5 (Separation Documents), in effect at the time, stated:
* enter the MOS codes, titles, years, and months for enlisted personnel
* list in-service training courses; title, number of weeks, year successfully completed during this period of service
DISCUSSION AND CONCLUSIONS:
1. His records show he held 15E as a PMOS from 25 June 1982 through 4 October 1990 (8 years, 3 months) and PMOS 52C from 5 October 1990 through 3 December 1991 (1 year 2 months). As such, it would be appropriate to amend item 11 of his DD Form 214 to show 52C Utilities Equipment Repairer 1 year 2 months/ /15E Pershing Missile Crewmember 8 years 3 months.
2. There is no evidence he held and served in the MOS of 71L or 15A as a primary MOS. Therefore, he is not entitled to this portion of the requested relief.
3. There is no evidence in his records such as a certificate of completion to verify he completed the Basic Noncommissioned Officer Course. As such, there is no basis for adding this course to his DD Form 214.
4. In view of the foregoing, he is entitled to have his records corrected as shown below.
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 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 amending item 11 of his DD Form 214 to show 52C Utilities Equipment Repairer 1 year 2 months/ /15E Pershing Missile Crewmember 8 years 3 months.
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 amending his DD Form 214 to show:
a. in item11:
* 71L (Administrative Specialist) - 1 year and 2 months
* 15E (Pershing Missile Crewmember) - 4 years
* 15A (Pershing Missile Crewmember Evaluator); and
b. adding the Basic Noncommissioned Officer Course to 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) AR20110024758
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024758
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