IN THE CASE OF:	  

		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130016294 


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) for the period ending 1 October 1986 to show in:

* item 11 (Primary Specialty Number, Title and Years and Months in Specialty) that he held military occupational specialty code (MOSC) 17C3O (Field Artillery Target Acquisition Specialist)
* item 12a (Date Entered AD (Active Duty) this Period) that he entered active duty on 10 March 1977

2.  He states he entered his second term of service on 10 March 1977, not 14 July 1978.  He held MOSC 17C3O, which is not shown on the DD Form 214 in question.  

3.  He provides his DD Forms 214 for periods ending 25 August 1975 and 1 October 1986.  

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 1 September 1972, the applicant enlisted in the Regular Army (RA).  On 25 August 1975, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

3.  On 4 January 1977, he enlisted in the USAR (Delayed Entry Program) pending his enlistment in the RA for training in MOS 17C.  On 9 March 1977, he was discharged from the USAR, and on 10 March 1977, he enlisted in the RA for a period of 4 years.

4.  Item 6 (MOS) of his DA Form 2-1 (Personnel Qualification Record) shows he was awarded primary MOS 17C on 26 April 1977.  

5.  On 13 July 1978, he was honorably discharged to immediately reenlist.  His record includes a DD Form 214 covering the period 10 March 1977 to 13 July 1978.

6.  On 14 July 1978, he reenlisted for a period of 4 years, and on 14 April 1982, he reenlisted for a period of 6 years.  

7.  A message, dated 25 February 1986, subject:  MOS 17C [Reclassification] Program (Applicant), shows reclassification of his PMOS was directed to MOS 15D (Lance Crewmember) and he was to be awarded MOS 15D upon completion of formal training.

8.  Orders 78-31, issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, WA, dated 22 April 1986, awarded him PMOS 15D0O and withdrew PMOS 17C3O.  

9.  On 1 October 1986, he was honorably discharged.  The DD Form 214 issued at that time shows in:

* item 11 – 

* "15D3O LANCE Crewmember/MLRS Sergeant, 8 [months]"
* "31V3O Tactical Communications Systems Operator/Mechanic, 3 [years] & 1 [month]"

* item 12a – 14 July 1978
10.  A review of historical Army MOS records shows that MOS 17C has not been in use for many years.  

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The regulation stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement or discharge.  

	a.  Prior to 1 October 1979, a DD Form 214 was prepared for enlisted members who were discharged for immediate reenlistment in the Regular Army.  This policy was discontinued effective 1 October 1979.

	b.  The regulation stated for:

* item 11, enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel
* item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued

DISCUSSION AND CONCLUSIONS:

1.  The applicant has requested correction of item 11 of his DD Form 214 for the period ending 1 October 1986 to show he held MOSC 17C3O.  The available records indicate that individuals holding this MOSC were reclassified into other MOSCs in 1986 and that MOSC 17C3O was no longer used.  Accordingly, he was reclassified into MOSC 15D3O, which is shown on his DD Form 214.  

2.  Unfortunately, the time he held MOSC 17C3O is not accounted for on his DD Form 214 for the period ending 1 October 1986.  Based on this DD Form 214, one might be led to believe that he held an MOSC for only 4 of the 8 years that he served during the period.  Even though the MOSC he held for most of the period covered by the DD Form 214 was no longer in use when he was discharged, there would be no harm in amending item 11 to show he held MOSC 17C3O from the date of his reenlistment in 1978 through the date the MOSC was withdrawn, which was a period of 7 years and 9 months.

3.  The applicant has also requested correction of item 12a of his DD Form 214 for the period ending 1 October 1986 to show he entered active duty on 10 March 1977.  The entry in item 12a of the DD Form 214 in question is correct, and there is no basis for changing it.  His record contains a DD Form 214 covering the period 10 March 1977 to 13 July 1978.  He should be provided a copy of this DD Form 214 for his personal records.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 11 of his DD Form 214 for the period ending 1 October 1986 the entry "17C3O Field Artillery Target Acquisition Specialist, 7 years and 9 months."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to item 12a of his DD Form 214 for the period ending 1 October 1986.




      _______ _   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)                                         AR20130016294





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ABCMR Record of Proceedings (cont)                                         AR20130016294



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