BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130019598
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 served in primary specialty 13A (Field Artillery, General), for 36 months (3 years) and in effect, specialty 42 (Adjutant General Corps) for 7 years and 4 months.
2. He states the records are in error because he was branch detailed from the Adjutant General Corps to the Field Artillery for 3 years, which is reflected on his Officer Record Brief.
3. He provides his Officer Record Brief.
CONSIDERATION OF EVIDENCE:
1. After completing prior enlisted service in the Army National Guard, the applicant was appointed as a Reserve second lieutenant in the Field Artillery on 14 December 2002. His service record contains Orders 302-18-A-2499, dated 29 October 2002, which show that when he was appointed in the U.S. Army Reserve, he was ordered to active duty. These orders show his basic branch as Adjutant General Corps and his control branch as Field Artillery.
2. His DA Form 1059 (Service School Academic Evaluation Report (AER)), dated 19 February 2004, shows he completed the Field Artillery Officer Basic Course (FAOBC) from 12 September 2003 to 19 February 2004 (a period of 5 months and 7 days). This form shows his specialty as 13A (Field Artillery, General).
3. Section IX (Assignment Information) of his Officer Record Brief shows he served in the following duty military occupational specialties (MOS):
* 13A from 14 December 2002 to 21 March 2006 (3 years, 3 months, and 7 days)
* 43A (Human Resource Management) from 22 March 2006 to 28 September 2007 (1 year, 6 months, and 6 days)
* 42B (Human Resources Officer) from 29 September 2007 to 3 August 2009 (1 year, 10 months, and 4 days)
* 13A from 4 August 2009 to an unknown date
4. His service record contains his DA Form 1059, dated 10 September 2007, which shows he completed the Adjutant General Captains Career Course during the period 7 May to 11 September 2007 (a period of 4 months and 4 days).
5. His personnel documents in the Interactive Personnel Electronic Records Management System (iPERMS) include the following OERs which show:
Period Covered
Rated Months
Designated Specialty
Principal Duty Title
Position Area of Concentration (AOC)/Branch
20040220-20040523
4 months
13A
Battery Executive Officer
13A
20040524-20041231
7 months
13A
Battery Executive Officer
13A
20050101-20050711
6 months
13A
Battery Executive Officer
13A
20050712-20060321
8 months
42B
Battery Executive Officer
13A
20060322-20060808
3 months
42B
Installation G1
42B
20060809-20070402
8 months
42B
Deputy G1
42B
20070912-20080925
9 months
42A (Adjutant General)
S1 Officer Embedded Training Team (ETT)
42B
6. He was discharged on 22 April 2013 under the provisions of Army Regulation 600-8-24, paragraph 5-17 (Officer Transfers and Discharges) by reason of court martial. His DD Form 214 shows in:
a. item 11 (Primary Specialty (List number, title and years and months in specialty. List additional specialty numbers and titles involving periods of one or more years)) the entry "13A FIELD ARTILLERY, GEN - 6 YRS 7 MOS//NOTHING FOLLOWS."
b. item 14 (Military Education) he completed the Adjutant General Officer Advanced Course in 2007 and the Field Artillery Officer Basic Course (FAOBC) in 2004.
c. item 12c (Net Active Service This Period) he completed 6 years, 10 months, and 28 days of net active service during the period 14 December 2002 through 22 April 2013.
d. item 29 (Dates of Time Lost During This Period) he had lost time from 23 July 2009 through 3 January 2013.
7. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directed the titles of all MOSs awarded and held for at least 1 year during the current period of service and the number of years and months held will be entered in item 11. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, Basic Officers Leader Course, or MOS-producing school). Primary specialty MOS or area of concentration (AOC) is awarded by Service school completion or by publication of orders awarding the MOS or AOC.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed as a Reserve commissioned officer and completed the FAOBC in specialty 13A on 19 February 2004. He held specialty 13A from 19 February 2004 to 22 July 2009 (one day prior to beginning date of lost time). Minus his time in FAOBC, this is a period of 4 years, 11 months, and 27 days.
2. The evidence of record shows he completed the Adjutant General Officer Advanced Course on 10 September 2007. His OERs and Officer Record Brief show he held specialties in the Adjutant General Corps (i.e., 43A, 42B, and 42A) 22 July 2009 (one day prior to beginning date of lost time). This is a period of 1 year, 10 months, and 13 days.
3. His service record shows he served on active duty from 14 December 2002 through 22 April 2013, which is a period of 10 years, 4 months, and 9 days. However, his DD Form 214 for this period shows lost time from 23 July 2009 through 3 January 2013.
4. Based on the foregoing, it would be appropriate to amend his DD Form 214 to show:
a. he served in specialty 13A for 5 years and 0 months (4 years, 11 months, and 27 days).
b. he served in specialty 42A for 1 year and 10 months.
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 the DD Form 214 of the individual concerned be corrected by:
a. amending item 11 by deleting the entry "13A FIELD ARTILLERY, GEN - 6 YRS 7 MOS" and replacing it with the entry "13A FIELD ARTILLERY, GEN - 5 YRS 0 MOS" and
b. amending item 11 by adding the entry "42A ADJUTANT GENERAL CORPS, 1 YR 10 MOS".
2. The Board further determined that the evidence presented was 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 correction of his DD Form 214 to show he served in specialty 42, Adjutant General Corps for 7 years and 4 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) AR20130019598
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ABCMR Record of Proceedings (cont) AR20130019598
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