IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130002594
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 to 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 11B2OB4 vice 11B2O
* item 14 (Military Education) to show the Sniper Course as 5 weeks vice 4 weeks
2. The applicant states his MOS and Sniper course were entered incorrectly on his DD Form 214.
3. The applicant provides:
* Orders Number 245-1781, dated 2 September 2003
* Diploma, dated 19 September 2003
* 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 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 27 July 2000 and held MOS 11B (Infantryman). He served through one extension and attained the rank/grade of sergeant (SGT)/E-5.
3. On 31 May 2005, he was honorably released from active duty. His DD Form 214 shows the following entries in:
* item 11: 11B2O 00 Infantryman--4 Years-5 Months//Nothing Follows
* item 14: Sniper Course, 4 Weeks, September 2003
4. He provided Orders Number 245-1781, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, on 2 September 2003, which withdrew MOS 11B1O and awarded MOS 11B1OB4, effective 19 September 2003 or upon completion of Sniper Training.
5. He provided a diploma, issued by the U.S. Army Infantry School, Fort Benning, GA, on 19 September 2003, showing he successfully completed the Sniper Course.
6. The U.S. Army, Fort Benning website states that the US Army Sniper School is a 5-week course, with marksmanship, range estimation, target detection, stalks, and written exams as the major blocks of instruction. Upon successful completion, a student will receive a diploma and, if holding MOS 11B, an Additional Skill Identifier (ASI) of B4.
7. Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
a. Item 11: Use the Enlisted Record Brief as a source document and 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 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. Item 14: Use the Enlisted Record Brief as a source document and list 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided orders showing he was awarded ASI B4. Even though Army Regulation 635-5 only provides for adding a 5-digit MOS in item 11, there is no harm in correcting his DD Form 214 to show his MOS as 11B2OB4.
2. The U.S. Army, Fort Benning website states clearly states that the Sniper course is 5 weeks long; therefore, he is entitled to correction of his DD Form 214 to correctly list the duration of the Sniper Course.
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:
a. deleting from his DD Form 214 in item 11 the entry "11B2O 00 Infantryman--4 Years-5 Months//Nothing Follows" and replacing it with the entry "11B2O B4 Infantryman--4 Years-5 Months//Nothing Follows."
b. deleting from his DD Form 214 in item 14 the entry "Sniper Course, 4 Weeks, September 2003" and replacing it with the entry "Sniper Course, 5 Weeks, September 2003."
_______ _ 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.
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