IN THE CASE OF:
BOARD DATE: 25 July 2013
DOCKET NUMBER: AR20130000172
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 he served 1 year and 10 months vice 10 years and 8 months in his primary specialty.
2. The applicant states his DD Form 214 incorrectly credited him with 10 years and 8 months in his primary specialty. He completed 1 year and 10 months of active service and could not have served in that specialty for 10 years and 8 months.
3. The applicant 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. The applicant's record shows he enlisted in the Regular Army for 3 years on 5 August 1987. He completed basic combat training (BCT) and then advanced individual training (AIT) at Fort Sam Houston, TX.
3. On 15 September 1987, Headquarters, Fort Sam Houston, TX, published Orders 180-77 awarding him primary military occupational specialty (PMOS) 91A (Medical Specialist), effective 23 October 1987.
4. He was honorably released from active duty on 30 June 1989. His DD Form 214 shows he completed 1 year, 10 months, and 26 days of active service. This form also shows in item 11 (Primary Specialty Number, Title and Years in Specialty) the entry "91A1O Medical Specialist 10 Years 8 Months."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It stated that for item 11, enter the MOS codes, titles, years, and months for enlisted personnel. BCT and AIT are not counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded PMOS 91A on 23 October 1987. He served in this PMOS until his release from active duty on 30 June 1989, a period of 1 year and 8 months. His DD Form 214 inadvertently credited him with 10 years and 8 months vice the 1 year and 8 months in this specialty. Therefore, he is entitled to correction of his DD Form 214 to show the correct period he served in this PMOS.
2. When calculating the number of years and months served in a specialty, BCT and AIT are not counted because the member does not have a specialty until completion of AIT. As such, he would not receive credit for 1 year and 10 months as he contends.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that 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 deleting from item 11 the existing entry and adding the entry "91A1O Medical Specialist 1 Year 8 Months."
2. The Board further determined that 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 correcting item 11 of his DD Form 214 to show he served 1 year and 10 months in his specialty.
__________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) AR20130000172
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130000172
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090005917
Army Regulation 635-5 (Separation Documents) states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. Although the evidence of record shows he was awarded PMOS 91A, there are no orders which show he was awarded the Expert Field Medical Badge and the applicant has not provided any supporting evidence to show...
ARMY | BCMR | CY2008 | 20080019272
The applicant provides: a. a copy of a VA Form 21-4138 (Statement in Support of Claim); b. a copy of Special Order Number 151, Headquarters, The United States Army Medical Training Center (USAMTC), Fort Sam Houston, TX, dated 18 July 1969, assigning him to the US Army Overseas Replacement Station, Oakland, CA, not later than 19 August 1969, for transfer to Vietnam; and c. a copy of an Illinois Department of Veterans Affairs Form 200. The record shows the applicant never reported to the...
ARMY | BCMR | CY2009 | 20090007923
The applicant requests, in effect: a. her military occupational specialty (MOS) on her DA Form 5011-R (Training Evaluation Summary) be corrected to show MOS 91B1O vice MOS 91A1O; and b. her rank on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show specialist (SPC/E-4) vice private (PVT/E-1). The applicant enlisted in the USAR for 6 years and training in MOS 91B. Army MOS manuals for the period of the applicant's service show that MOS 91A and MOS...
ARMY | BCMR | CY2010 | 20100026465
IN THE CASE OF: BOARD DATE: 14 April 2011 DOCKET NUMBER: AR20100026465 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). Evidence shows that the applicant was issued a DD Form 214 for the period ending 10 August 2004 on which his date of entry erroneously appears as 2 April 2004.
ARMY | BCMR | CY2011 | 20110013910
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in block 11 (Primary Specialty) the entries 91B4O Health Care Specialist 9 years, 2 months; 91W4O Health Care Specialist -4 years, 9 months; and 91A10 Medical Specialist 2 years, 9 months; in block 14 (Military Education), that the entry 7 in line four be deleted, and in block 18 (Remarks) that the entry Service in Iraq 20070910 -20091120 be corrected to...
ARMY | BCMR | CY2010 | 20100021187
Application for correction of military records (with supporting documents provided, if any). Item 22 (MOS) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the following: Type Code Title Date PMOS 91A Medical Corpsman 24 Apr 1970 PMOS 91B Medical Specialist 16 Sep 1970 4. The applicant's contention that he was a 91B Medic instead of a 91E2O Medic with a related civilian occupation and DOT number of Dental Assistant 079.378 was carefully considered and found to have merit.
ARMY | BCMR | CY2009 | 20090012699
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of advanced individual training (AIT) and award of the Marksmanship Qualification Badge with Grenade Bar. It states, in pertinent part, that the Soldier's military education in item 14 is obtained from the Soldier's records and shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD...
ARMY | BCMR | CY2012 | 20120001124
Application for correction of military records (with supporting documents provided, if any). The applicant states that his records should show that he served in the Infantry and he desires to be awarded the Infantry Shoulder Cord and to have it recorded in his records. He completed basic training at Fort Carson, Colorado and advanced individual training (AIT) at Fort Gordon, Georgia.
ARMY | BCMR | CY2009 | 20090011396
The applicant's records show he was inducted into the Army of the United States and entered active duty on 20 March 1969. However, there is no evidence that he arrived in Oakland, proceeded to Vietnam, or returned from Vietnam. In the absence of additional documentary evidence that conclusively shows the exact date of departure (day, month, and year) and exact date of return (day, month, year), there is insufficient evidence to grant the applicant the requested relief.
ARMY | BCMR | CY2005 | 20050017141C070206
Peguine M. Taylor | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, correction of item 12a (Date entered AD This Period), of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1987, to show the entry "1986 01 17" (17 January 1986). The applicant states, in effect, that his records reflect that he entered active duty (AD) on 23 June 1987; however, he...