IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120011685 


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) in:

* Item 11 (Primary Specialty) to show his military occupational specialty (MOS) as "11B1PB4" instead of "11B1P" 
* Item 14 (Military Education) to show completion of the Sniper Course

2.  The applicant states he completed the Sniper Course at Fort Benning, GA in November/December 2004 and graduated on 17 December 2004.  Upon his release from active duty, the clerk told him this training could not be added to the DD Form 214. 

3.  The applicant provides:

* DD Form 214
* Diploma for Sniper Course
* Orders 336-1780 for MOS 11B1OB4

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's records show he enlisted in the Regular Army on 17 September 2002.  He completed basic combat and advanced individual training and he was awarded MOS 11B (Infantryman).  He also completed the   3-week Basic Airborne Course on 24 January 2003.   

3.  He served in Kuwait/Iraq from 9 August 2003 to 26 February 2004 and Afghanistan from 31 March 2005 to 26 March 2006. 

4.  He provides:

	a.  A diploma, dated 17 December 2004, that shows he completed the Sniper Course at Fort Benning, GA.  Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalogue) identifies this training as a 5-week training course at the U.S. Army Infantry School, Fort Benning, GA).

	b.  Orders 336-1780, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 1 December 2004 awarding him MOS 11B1OB4.  The additional skill identifier (ASI) B4 signifies a "Sniper.”

5.  He was honorably released from active duty on 28 April 2006.  His DD Form 214 shows in:

* Item 11 - the entry "11B1P INFANTRYMAN - 3 Years 7 Months
* Item 14 - Basic Airborne Course, 3 weeks, 2003; Combat Lifesavers Course, 1 week, 2004

6.  Army Regulation 614-200 (Enlisted Assignments and Utilization Management) prescribes the reporting, selection, assignment, and utilization of Active Army enlisted personnel.  Paragraph 3-14 states the ASI is the sixth and seventh characters of the MOSC (MOS Code).  It identifies skills requiring formal school training or other criteria specified in Department of the Army Pamphlet 611–21 (Military Occupational Classification and Structure).  The ASI is associated with specific MOS as authorized in Department of the Army Pamphlet 611–21.  The sixth and seventh characters of the MOSC will contain "00" when the Soldier is not qualified for an ASI.  Soldiers will be awarded ASI in both primary and secondary MOS when qualified.   The ASI will be awarded when the Soldier meets the qualifying criteria outlined in Department of the Army Pamphlet 611–21, for example, upon successful completion of new equipment training, formal school training, as announced by Department of the Army Circular 611 series or as directed by the U.S. Army Human Resources Command. 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of this regulation states:

	a.  For item 11, from the Enlisted Record Brief, enter the titles of all MOS 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 advanced individual training.  For an enlisted Soldier, also specify the first 5 characters of the primary MOS code (MOSC), 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 (SQI), if applicable.  Enter "O" when not applicable.  

	b.  For item 14, from the Enlisted Record Brief, enter formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the course description in Department of the Army Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army. 

DISCUSSION AND CONCLUSIONS:

1.  With respect to item 11 of his DD Form 214, the applicant completed the Sniper Course on 17 December 2004 and he was awarded MOS 11B1PB4.  Although item 11 of the DD Form 214 provides for the listing of the first 5 characters of the primary MOSC, 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 (SQI), there is no harm to the Army or the applicant if item 11 is corrected to further show his B4 ASI. 

2.  With respect to item 14 of his DD Form 214, on the surface, the Sniper Course appears to be a training course for a combat skill which disallows its listing on the DD Form 214.  However, the purpose of this information is to assist the Soldier in job placement and counseling.  An argument can be made that a Soldier who completed the Sniper Course may use this information when applying for a civilian Police Sniper Team, a Special Weapons and Tactics Team, or any other specialized law enforcement civilian positions.  Therefore, as an exception, the applicant should have this training course listed on his DD Form 214.

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:

* deleting from item 11 the entry "11B1P Infantryman 3 Years 7 Months" and adding the entry "11B1PB4 Infantryman 3 Years 7 Months"
* adding to item 14 the entry "Sniper Course, 5 weeks, 2004"



      _______ _   __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)                                         AR20120011685





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ABCMR Record of Proceedings (cont)                                         AR20120011685



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