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ARMY | BCMR | CY2013 | 20130011869
Original file (20130011869.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  25 March 2014

		DOCKET NUMBER:  AR20130011869 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 11 (Primary Specialty), be corrected by listing the correct military occupational specialties (MOS) with the correct names. 

2.  The applicant states the MOS numbers and names listed on his DD Form 214 do not match those on his certificates of completion.  Upon retirement, he gave the transition center copies of his certificates but they told him all aviation specialties have been changed to 15 series.  The system would not recognize those MOS from the 1980s and 1990s. 

3.  The applicant provides:

* DD Form 214
* Certificate of completion of MOS 68J (Aircraft Fire Control Repairer)
* Certificate of completion of MOS 68X (AH-64 Aircraft/Armament/Missile System Repairer Course)
* DA Form 1059 (Service School Academic Evaluation Report), completion of the AH-64D Armament/Electrical/Aviation Systems Repairer Course
* Certificate of completion of MOS 68Y (AH-64D Armament/Electrical/ Aviation Systems Repairer Course)
* Joint Services Transcripts 




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 30 November 1988.  He completed the MOS 68J course from 21 February 1989 to 22 September 1989 and he was awarded MOS 68J.  He was holding the grade of E-2 (skill level 1) at the time.

3.  He completed the AH-64 Armament/Electrical/Aviation Systems Repairer Course from 26 March 1990 to 12 June 1990 and appears to have been awarded MOS 68J1OX1.  He was holding the grade of E-3 (skill level 1) at the time.  The Additional Skill Identifier "X1" designated "AH-64 Maintenance." 

4.  He completed the AH-64 Armament/Electrical/Aviation Systems Repairer Basic Noncommissioned Officer Course from 4 June 1996 to 12 September 1996.  He was holding the grade of E-5 (skill level 2) at the time. 

5.  He completed the AH-64 Armament/Electrical/Aviation Systems Repairer Transition Course from 11 July 2000 to 25 September 2000 and appears to have transitioned from MOS 68J to MOS 68Y2O.  He was holding the grade of E-6 (skill level 3) at the time.

6.  He was promoted to staff sergeant (SSG)/E-6 on 1 September 2000.

7. He retired on 31 May 2009 and he was placed on the Retired List in his retired rank/grade of SSG/E-6 on 1 October 2009.  Item 11 of his DD Form 214 shows the entries: 

* 15Y3O AH/64 ARM/EL/AV SYS - 6 Years 5 Months
* 68J1O MEDICAL LOGISTICS SPECIALIST - 6 Years 1 Month
* 68X2O MENTAL HEALTH SPECIALIST - 7 Years 2 Months

8.  According to the U.S. Army Human Resources Command website:

* MOS 68J, skill level 1 through 4, converted to MOS 15J (OH-58D ARMAMENT/ELECTRICAL/AVIONICS SYSTEMS REPAIRER) on 15 October 2004
* MOS 68X, skill level 1 through 4, converted to MOS 15X (AH-64 ARMAMENT/ELECTRICAL/REPAIRER) on 1 September 2004
* MOS 68Y, skill levels 1 through 4, converted to MOS 15Y (AH-64 ARMAMENT/ELECTRICAL/AVIONIC SYSTEMS REPAIRER) on 1 September 2004
* MOS 91J (MEDICAL LOGISTICS SPECIALIST) converted to MOS 68J on 1 October 2006
* MOS 91X (MENTAL HEALTH SPECIALIST) converted to MOS 68X on 1 October 2006

9.  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 contains guidance on the preparation of the DD Form 214 and states item 11, show the titles of all MOS's 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.  Additionally, basic combat and advanced individual training are not counted.  

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was trained in and held an aviation MOS throughout his military service from 30 November 1988 to 31 May 2009.  He did not hold a medical MOS.  The entries in item 11 pertaining to the medical MOS are clearly in error and are a result of MOS renumbering and/or conversion. 

2.  As for MOS 68J, he completed training in this MOS on 5 September 1989 and held it until he transitioned into MOS 68Y on 25 September 2000, a period of 11 years and 21 days; i.e., 11 years and 1 month.  Item 11 of his DD Form 214 should be corrected accordingly.

3.  As for MOS 68Y3O, he completed training in this MOS on 25 September 2000 and held this MOS until it converted on 1 September 2004, a period of 3 years and 11 months.  Item 11 of his DD Form 214 should be corrected accordingly.

4.  After conversion, he held MOS 15Y3O as of 1 September 2004 until he retired on 31 May 2009, a period of 4 years and 9 months.  Item 11 of his DD Form 214 should be corrected accordingly.

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 of his DD Form 214 the entries

* 15Y3O AH/64 ARM/EL/AV SYS - 6 Years 5 Months
* 68J1O MEDICAL LOGISTICS SPECIALIST - 6 Years 1 Month
* 68X2O MENTAL HEALTH SPECIALIST - 7 Years 2 Months

* adding to item 11 of his DD Form 214 the entries

* 68J3O AIRCRAFT FIRE CONTROL REPAIRER, 11 Years 1 Month
* 68Y3O AH-64D ARMAMENT/ELECTRICAL/AVIONIC SYSTEMS REPAIRER, 3 Years 11 Months
* 15Y3O AH-64 ARMAMENT/ELECTRICAL/AVIONIC SYSTEMS REPAIRER, 4 Years 9 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)                                         AR20130011869



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ABCMR Record of Proceedings (cont)                                         AR20130011869



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