IN THE CASE OF:	  

		BOARD DATE:  6 February 2014

		DOCKET NUMBER:  AR20130009770 


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 add his sniper identifier to his military occupational specialty (MOS).

2.  He states he graduated from the Sniper Course on 22 April 2005.

3.  He provides: 

* DD Form 214
* Diploma for Sniper Course
* Orders 094-1801, dated 4 April 2005

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 14 June 2002.  He completed basic combat and advanced individual training and he was awarded MOS 11B (Infantryman).  

3.  He served in Iraq from 10 March 2003 to 30 April 2003 and Afghanistan from 30 October 2004 to 9 January 2005. 

4.  He provides:

	a.  A diploma, dated 22 April 2005, that shows he completed the Sniper Course at Fort Benning, GA.  

	b.  Orders 094-1801, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 4 April 2005, shows he was awarded MOS 11B1OB4 effective 22 April 2005.  The additional skill identifier (ASI) B4 signifies a "Sniper."

5.  He was honorably released from active duty on 13 June 2006.  His 
DD Form 214 shows in:

* Item 11 (Primary Specialty), the entry "11B1O INFANTRYMAN - 3 Years 
9 Months"
* Item 14 (Military Education), Airborne Course, 3 weeks, 2002; Ranger Course, 2004

6.  Department of the Army Pamphlet 351-4 (U.S. Army Formal Schools Catalogue) identifies sniper training as a 5-week training course at the 
U.S. Army Infantry School, Fort Benning, GA.

7.  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. 

8.  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 (ERB), 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 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 ERB, 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 (U.S. Army Formal Schools Catalog) to determine its usefulness to the Soldier after transitioning from the Army. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed the Sniper Course on 22 April 2005 and he was awarded MOS 11B1OB4.  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 an SQI, there is no harm to the Army or the applicant if item 11 is amended to further show his B4 ASI.  

2.  The Sniper Course appears to be a training course for a combat skill which is precluded from being listed 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, in the interest of justice it would be appropriate to add this training course 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 "11B1O Infantryman 3 Years 9 Months" and adding the entry "11B1OB4 Infantryman 3 Years 9 Months"
* adding to item 14 the entry "Sniper Course, 5 weeks, 2005"




      _______ _  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)                                         AR20130009770





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ABCMR Record of Proceedings (cont)                                         AR20130009770



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