BOARD DATE: 2 October 2014
DOCKET NUMBER: AR20140001477
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 military occupational specialty (MOS) as 11B (Infantryman).
2. The applicant states the MOS on his DD Form 214 is currently listed as "None." He completed basic combat training (BCT) and infantry One Station Unit Training (OSUT). He also has orders to Fort Hood, TX, listing his MOS as 11B. He was released after training due to a medical profile.
3. The applicant provides:
* Orders Number 38-2961, dated 7 February 2010
* Individual Training Record infantry OSUT, dated 3 March 2010
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 2 November 2009.
2. He provided Orders Number 38-2961, issued by Headquarters, U.S. Maneuver Center of Excellence, Fort Benning, GA, on 7 February 2010, which show he was ordered to proceed on a permanent change of station to Fort Hood, TX. His report date was listed as 18 March 2010, and early reporting was authorized. His MOS was listed as 11B.
3. He provided his Individual Training Record infantry OSUT, dated 3 March 2010, which shows he completed BCT and Infantry OSUT. His first sergeant signed this form authenticating he completed his course of instruction. This form shows his MOS as 11B.
4. His record contains a DA Form 199 (Physical Evaluation Board (PEB) Proceedings, dated 9 June 2011. This form listed his MOS as 11B and shows the PEB considered him for the conditions of lumbar strain, dominant right inferior labral tear, and right hip strain. The PEB stated he reported developing these conditions following his participation in a ruck march in January 2010. His commander indicated he could not perform his duties and did not recommend retention. His profile does not permit a majority of the Soldier functional activities or any aerobic Army Physical Fitness Test (APFT) events. This is unfitting because he is an 11B Infantryman and is unable to perform the heavy lifting requirements or to carry heavy loads across uneven terrain for great distances as required by his MOS. The PEB stated he was physicaly unfit, recommended a total combined disability percentage (%) of 40%, and recommended a permanent disability retirement.
5. He was honorably retired by reason of a permanent disability on 15 July 2011. His DD Form 214 shows his MOS as "None." Additionally, he completed 1 year, 8 months, and 14 days of net active service.
6. Army Regulation 635-5 (Separation Documents), paragraph 24 (Completing the DD Form 214) states the entry in item 11 (Primary Specialty) comes from the Soldier's Enlisted Record Brief (ERB). Enter the titles of all MOS 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. Do not count basic training and advanced individual training.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he completed BCT and OSUT, and though his record does not contain orders awarding him MOS 11B he met the criteria by passing his training on 3 March 2010. He was also issued orders to Fort Hood, TX, with a report date of 18 March 2010; his MOS was listed as 11B.
2. The PEB referred to his MOS as 11B and he could not have been medically retired or labeled as unfit to perform the duties of MOS 11B if he never held the MOS in question.
3. Based on the date of his training record and the report date listed in his orders, he would have been awarded MOS 11B effective 3 March 2010. As such, he is entitled to correction of his DD Form 214 to show he served in MOS 11B for 1 year and 4 months.
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 correcting his DD Form 214 in item 11 to show he served in MOS 11B for 1 year 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) AR20140001477
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