BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130005340
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 item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the period 3 years, 1 month, and 9 days.
2. She states item 11 of her DD Form 214 shows her length of service as
2 years and 8 months. Her total length of service is 3 years, 1 month, and
9 days. Item 12 (Record of Service) and her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) show her correct length of active duty service. A Federal personnel center found the error when calculating time for Federal retirement purposes. The Office of Personnel Management advises that the form be corrected.
3. She provides her DD Form 214 and NBG Form 22.
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. On 23 September 1987, the applicant enlisted in the Regular Army.
3. A DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Record of Assignments) that she completed initial entry training on or about 17 March 1988. After completing initial entry training, she was assigned to duty in military occupational specialty (MOS) 71L (Administrative Specialist).
4. On 1 November 1990, she was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). The DD Form 214 issued at that time shows in:
* item 11 "71L10 ADMIN SP - 2 YRS & 8 MOS"
* item 12c (Net Active Service This Period) 3 years, 1 month, and 9 days
5. The applicant later served in the Maryland Army National Guard.
6. 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. The regulation in effect at the time of the applicant's separation provided that, for enlisted members, item 11 would show the primary MOS and all additional MOS's in which a Soldier had served for a period of one year or more during the Soldier's continuous active military service. For each MOS, the title with the years and months served was to be entered. In determining time eligibility for listing of specialty, 16 days or more were to be counted as a month.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant has been led to believe that item 11 of the DD Form 214 should show her entire period of active duty service. This is not the case. The purpose of item 11 is to show the Soldier's MOS and how long the Soldier held the MOS.
2. In this case, the available evidence shows the applicant would not have been awarded MOS 71L until she completed initial entry training in March 1988. When she was released from active duty on 1 November 1990, she had held the MOS for 2 years and 8 months. This period is properly entered in item 11 of her
DD Form 214.
3. It is noted that her active duty service during the period covered by her DD Form 214 is accurately recorded in item 12c.
4. In view of the foregoing, there is no basis for granting the requested relief.
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 that 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) AR20130005340
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ABCMR Record of Proceedings (cont) AR20130005340
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