IN THE CASE OF:	  

		BOARD DATE:	    31 July 2012

		DOCKET NUMBER:  AR20120001945 


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 additional skill identifier (ASI) W6 (weapons intelligence specialist).

2.  The applicant states the ASI W6 was authorized after he was medically retired from active duty.

3.  The applicant provides:

* DD Form 214
* Enlisted Record Brief
* Department of the Army Certificate of Training
* Hazard Management Solutions Limited Certificate of Training
* National Ground Intelligence Center Certificate of Completion
* High Tech Crime Institute Certificate of Completion
* All Army Activities (ALARACT) Message 073/2011, dated 1 March 2011, subject:  Establishment of Enlisted ASI W6

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 15 September 2004.  He completed basic training, advanced individual training (AIT), and airborne training and was awarded military occupational specialty (MOS) 11B (infantryman) with special qualification identifier (SQI) P (parachutist).

3.  The applicant was honorably retired by reason of permanent disability on 27 October 2008.  He completed 4 years, 1 month, and 13 days of net active service.  His DD Form 214 shows his primary MOS as 11B2P.

4.  The applicant provides a Department of the Army Certificate of Training which shows he successfully completed 32 hours of Bio-Metrics Training, 145 hours of Weapons Intelligence Team Training, 40 hours of Technical Intelligence Kit Training, and 40 hours of Tactical Equipment Training at Aberdeen Proving Grounds, MD, on an unspecified date.

5.  The applicant provides a Hazard Management Solutions Limited Certificate of Training which shows he successfully completed 145 hours of Weapons Intelligence Team Training on behalf of the National Ground Intelligence Center on an unspecified date.

6.  The applicant provides a National Ground Intelligence Center Certificate of Completion which shows he completed the 32-hour Evidence Collection and Forensic-Related Biometric Collection Course on 29 June 2006.

7.  The applicant provides a High Tech Crime Institute Certificate of Completion which shows he successfully completed 40 hours of Technical Intelligence Computer Forensics Training in Aberdeen, MD, during the period 26-31 July 2006.

8.  ALARACT Message 073/2011, dated 1 March 2011, subject:  Establishment of Enlisted ASI W6, provides notification of a future change to the MOS classification and structure and establishes enlisted ASI W6 to identify personnel only in any MOS who have completed training in the weapons intelligence course.  This message states the effective date of ASI W6 for use in personnel classification is 1 February 2011.  Award of ASI W6 to Soldiers meeting the qualification criteria may begin on and after 1 February 2011 or the date of training completion, whichever is later.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 and states 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.  The instructions for completing the DD Form 214 state to enter the titles of all MOS's served for at least 1 year from the ERB and include the number of years and months served for each MOS.  For an enlisted Soldier, specify the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of an SQI, if applicable.  Enter "O" when not applicable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show ASI W6 was carefully considered and determined to lack merit.

2.  While the applicant's training in the weapons intelligence course is acknowledged, the establishment of ASI W6 was not effective until 1 February 2011, more than 2 years after his retirement, and applies only to Soldiers who qualified on or after 1 February 2011.

3.  Further, the applicant's DD Form 214 correctly shows his primary MOS as 11B2P in accordance with the instructions prescribed in Army Regulation 635-5 which state to specify the first five characters of the primary MOS code.  Therefore, there is no basis with which to grant the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20120001945



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001945



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1