IN THE CASE OF:	  

		BOARD DATE:	    14 May 2014

		DOCKET NUMBER:  AR20130015873 


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:

* his primary military occupational specialty (MOS) as 12B (Combat Engineer) instead of 21B (Combat Engineer)
* MOS 91A (Medical Equipment Repairer) as his secondary MOS
* he entered the Army on 12 February 1988

2.  The applicant states

* he served in MOS 12B throughout his military service
* his secondary MOS is not listed on his DD Form 214
* the date he entered the Army is listed incorrectly on his DD Form 214 and it does not reflect his service in the U.S. Army Reserve

3.  The applicant provides:

* DD Form 214 for the period 22 July-28 October 1988
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DA Form 1059 (Service School Academic Evaluation Report)
* MOS 91A course completion certificate 
* Enlisted Record Brief (ERB)
* three DA Forms 1506 (Statement of Service for Computation of Length of Service for Pay Purposes)
* DA Form 2-1 (Personnel Qualification Record - Part II)

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 NGB Form 22 shows he enlisted in the Army National Guard (ARNG) on 12 February 1988.

3.  A DD Form 214 shows he attended active duty for training during the period 22 July-28 October 1988 and that he was awarded MOS 12B.  

4.  A DA Form 1059 shows he completed the MOS 91A course on 3 May 1991.  

5.  His NGB Form 22 further shows he completed the MOS 91A course and that he was discharged from the ARNG on 16 February 1995.

6.  On 17 February 1995, he enlisted in the Regular Army for duties in primary MOS 12B.

7.  He was placed on the Temporary Disability Retired List (TDRL) on 25 May 2006.  His DD Form 214 shows his primary MOS as 21B and that he entered active duty on 17 February 1995.

8.  His DA Form 2-1, ERB, and Noncommissioned Officer Evaluation Reports show he performed duties in MOS 12B/21B throughout his active duty service.  There is no evidence indicating he performed duties in or held MOS 91A during his period of active duty service.  

9.  His ERB shows MOS 91B as his secondary MOS.  However, there are no orders, certificates or any other evidence indicating he was awarded MOS 91B upon completion of the required training.

10.  Army Regulation 635-5 (Separations Documents), in effect at the time of the applicant's placement on the TDRL, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated:

	a.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.  

	b.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

	c.  In block 11 (Primary Specialty), from the ERB, enter titles of all MOS served for at least one year.

	d.  In block 12a (Date Entered Active Duty this Period), enter the beginning date of continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  

11.  The U.S. Army Human Resources Command Enlisted Conversion Chart shows MOS 12B was converted to MOS 21B effective 1 September 2004.  It further shows MOS 21B was re-converted to MOS 12B effective 1 October 2010.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his MOS as 12B, that he entered the Army on 12 February 1988, and to show MOS 91A has been carefully considered.  

2.  MOS 12B was converted to MOS 21B effective 1 September 2004.  MOS 21B was re-converted to MOS 12B effective 1 October 2010.  Therefore, his MOS at the time of his placement on the TDRL on 25 May 2006 was 21B.  Based on the above, there is no basis to change his MOS on his DD Form 214 to show 12B.  

3.  Evidence shows he enlisted in the Regular Army for duties in primary MOS 12B and there is no evidence indicating he performed duties in or held MOS 91A during the period covered by his DD Form 214.  Therefore, there is no basis to correct his DD Form 214 to show MOS 91A in block 11.

4.  He contends that his DD Form 214 should be corrected to show he entered the Army on 12 February 1988.  However, this date pertains to his enlistment in the ARNG in which he served until 16 February 1995.  His service in the ARNG is properly recorded on his NGB Form 22.  Evidence shows he entered active duty in the Regular Army on 17 February 1995.  Therefore, his DD Form 214 for the period ending 24 May 2006 appears to be correct as currently constituted.  

5.  Based on the foregoing, there is no basis to grant 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)                                         AR20130015873



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ABCMR Record of Proceedings (cont)                                         AR20130015873



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