IN THE CASE OF:	  

		BOARD DATE:  20 March 2014

		DOCKET NUMBER:  AR20130011860 


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 was qualified in a military occupational specialty (MOS).  

2.  The applicant states the week of graduation from advanced individual training (AIT) school at Fort Sill, OK, his family fell on very hard times. He passed all his AIT classes and then passed the Army Physical Fitness Test (APFT) when he got back from the funeral of his 8-year old niece.  Although he received an honorable discharge, he was not awarded an MOS.  He is trying to reenter the Army but they will not take him due to lack of MOS qualification.  He needs his DD Form 214 to show he completed AIT. 

3.  The applicant does not provide any evidence. 

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 for a period of
3 years on 1 March 1995.  He enlisted for one station unit training in MOS 13F (Fire Support Specialist) at Fort Sill, OK. 

3.  He completed basic combat training and he was reassigned to Battery C, 2nd Battalion, 80th Field Artillery, on or about 28 April 1995 for completion of AIT.  

4.  His records contain a counseling form showing his drill sergeant counseled him on 12 July 1995 for failing the APFT a second time and that he would need to show improvement and pass his test within the next 2 weeks. 

5.  His records contain a second counseling form showing his drill sergeant counseled him on 2 August 1995 for again failing the APFT and that he would sent back to Phase I at the Army Fitness Training battery if he did not pass his APFT. 

6.  His DA Form 2-1 (Personnel Qualification Record - Part II) which was created upon his entry on active duty shows in:

* item 17 (Civilian Education and Military Schools) completion of the 8-week Fire Support Specialist Course
* item 35 (Record of Assignments) he was pending reassignment to Fort Stewart, GA, as of 13 July 1995

7.  On 3 August 1995, he submitted an application for separation by reason of hardship.  His commander interviewed him and rendered a memorandum on 5 August 1995 wherein he:

* recommended approval of the hardship discharge action
* indicated the applicant was a graduate of the MOS 13F course

8.  His battalion commander recommended approval and the separation authority approved his separation for hardship on 22 August 1995.  Accordingly, the applicant was honorably discharged on 28 August 1995.  

9.  His DD Form 214 shows he completed 5 months and 28 days of active service.  It also shows in:

* item 11 (Primary Specialty) - None
* item 14 (Military Education) - None
10.  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 their military service.  It is important that information entered on the form should be complete and accurate. 

	a.  Item 11 of the DD Form 214 reflects the primary specialty.  This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served. 

	b.  Item 14 shows the Soldier’s Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes 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.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no indication in his records if and when he passed the APFT, a requirement for graduation from AIT, and although his records do not contain and he does not provide a certificate of completion or an MOS order, he appears to have completed the 8-week Fire Support Specialist Course and that at the very same time he applied for a hardship discharge.  

2.  His completion of this course is mentioned on his DA Form 2-1 as well as in the commander's interview memorandum.  Any doubt should be ruled in his favor.  As such, there is sufficient evidence to correct his DD Form 214 to show he completed the 8-week Fire Support Specialist Course and awarded MOS 13F, albeit he did not work in this MOS.   

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 "None" and adding the entry "13F1O Fire Support Specialist, 0 Years, 0 Months.



      _______ _  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)                                         AR20130011860





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ABCMR Record of Proceedings (cont)                                         AR20130011860



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