IN THE CASE OF:
BOARD DATE: 24 July 2014
DOCKET NUMBER: AR20130021729
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she served in her primary military occupational specialty (MOS) for 6 years and 10 months versus 0 years and 10 months.
2. The applicant states her DD Form 214 should show she served in MOS 95B (Military Police) for 6 years and 10 months instead of 0 years and 10 months. She states she served from 3 January 1997 through 31 October 2003.
3. The applicant provides a copy of her DD Form 214.
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 3 January 1997, she enlisted in the Regular Army. She completed her initial entry training and was awarded MOS 95B. Upon completion of her initial entry training, she was reassigned to the 401st MP Company, Fort Hood, TX, for duty as an MP.
3. On 29 September 2000, she was promoted to the rank/grade of sergeant/E-5.
4 Item 17 (Civilian Education and Military Schools) of her DA Form 2-1 shows she completed the MP course for MOS qualification at Fort McClellan, AL, in 1997.
5. Item 35 (Record of Assignments) of her DA Form 2-1 shows she left Fort McClellan, AL, en route to Fort Hood, TX, on 2 April 1997. She arrived at Fort Hood, TX, and was assigned to the 401st MP Company effective 27 May 1997.
6. On 31 October 2003, she was honorably released from active duty and transferred to the U.S. Army Reserve. Her DD Form 214 shows she completed 6 years, 9 months, and 28 days of net active service during this period; however, item 11 shows she held MOS 95B for only 10 months.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, 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 preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It further provided that item 11 of the DD Form 214 documents the codes and titles of all MOS's served in for at least 1 year, with the number of years and months served. For time determination, 16 days or more count as a month. Time spent in basic training and advanced individual training are not counted.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends item 11 of her DD Form 214 should be corrected to show she served in her primary MOS for 6 years and 10 months versus 0 years and 10 months.
2. The evidence of record shows she completed her initial entry training and was awarded MOS 95B on or around 2 April 1997. She then departed Fort McClellan, AL, en route to her first duty station. She served in MOS 95B for her entire period of active duty, minus time spent in initial entry training.
3. Army Regulation 635-5 stated item 11 would document the codes and titles of all MOS's served in for at least 1 year, with the number of years and months served.
4. Subtracting the 3 months she spent in initial entry training from the 6 years and 10 months she served on active duty indicates she served in MOS 95B for 6 years and 7 months.
5. Item 11 of her DD Form 214 incorrectly shows she served 0 years and 10 months in MOS 95B. Therefore, she is entitled to correction of her DD Form 214 to show she served in MOS 95B for 6 years and 7 months.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending item 11 of her DD Form 214 to show: "MOS 95B2O00, Military Police, 6 years, 7 months."
2. The Board further determined 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 correcting her DD Form 214 to show she served in her primary MOS for 6 years and 10 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) AR20100011932
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20130021729
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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