IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120007955
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 military occupational specialty (MOS) as 54B (Chemical Operations Specialist).
2. He states the MOS entered in item 11 (Primary Specialty) of his DD Form 214 is incorrect.
3. He provides no additional documentary 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 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 24 April 2002.
3. The applicant's record is void of documentation showing he was awarded the MOS 54B. However, his DA Form 2-1 (Personnel Qualification Record) shows he completed 19 weeks of 54B MOS training in 2002. It further shows he was assigned to a 54B, Chemical Operations Specialist position on 26 September 2002.
4. He was discharged from active duty on 17 June 2004. He completed 2 years, 1 month, and 24 days of creditable active service.
5. His DD Form 214, Item 11 shows he served 1 year and 11 months in the primary specialty of 74D (Information Systems Operator).
6. His DD Form 214, Item 14 (Military Education) shows he completed a
19-week Nuclear Biological Chemical course in 2002.
7. A review of the U.S. Army Human Resources Command Enlisted Conversion Chart revealed that MOS 54B was converted to 74D (Chemical, Biological, Radiological and Nuclear Specialist) effective 1 September 2004.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It states for Item 11 to enter the titles of all MOS's 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. For an enlisted Soldier, also specify the first five characters of the primary MOS code, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. Enter "O" when not applicable.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence he was awarded an MOS. However, his DA Form 2-1 shows he completed 19 weeks of MOS 54B training and that he was assigned to an MOS 54B position on 26 September 2002. Absent evidence to the contrary, it would be reasonable to presume he was awarded MOS 54B and served in that MOS until his discharge.
2. The MOS 54B was converted to MOS 74D shortly after his discharge. However, during the entire period of his service it was 54B. As such, it would be appropriate to amend Item 11 of his DD Form 214 to read 54B1O, Chemical Operations Specialist, 1 year, 9 months.
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 amending Item 11 of his DD Form 214 to show 54B1O, Chemical Operations Specialist, 1 year and 9 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) AR20120007955
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ABCMR Record of Proceedings (cont) AR20120007955
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