IN THE CASE OF:
BOARD DATE: 20 November 2014
DOCKET NUMBER: AR20140007251
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 a new DD Form 214 (Certificate of Release or Discharge from Active Duty) showing in item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) that he held military occupational specialty 11H (Heavy Anti-armor Weapons Infantryman) for 4 years.
2. He states an error in item 11 of his DD Form 214 is affecting his benefit status.
3. He provides his DD Form 214 and a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).
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 17 May 1984, the applicant enlisted in the New York Army National Guard (NYARNG).
3. On 29 October 1984, he entered active duty for initial entry training.
4. On 30 May 1985, Headquarters, U.S. Army Infantry Center/One-Station Unit Training, Fort Benning, GA, issued Orders 105-14 awarding him MOS 11H1O effective 21 June 1985.
5. On 21 June 1985, he was honorably released from active duty and transferred to his NYARNG unit. Item 11 of the DD Form 214 issued at that time shows the entry "11H1O Heavy AntiArmor Weapons Creman 00 Yrs and 00 Mos."
6. On 1 February 1988, he was discharged from the NYARNG under honorable conditions. The NGB Form 22 documenting his NYARNG service shows he had been awarded primary MOS 11H1O on 12 June 1985.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for the preparation of the DD Form 214. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It stated for item 11 to enter the MOS codes, titles, years, and months for warrant officer and enlisted personnel.
DISCUSSION AND CONCLUSIONS:
The applicant was awarded MOS 11H1O effective the day he was released from active duty upon completion of initial entry training. As a result, his DD Form 214 correctly shows that he had held the MOS for 0 years and 0 days. There are no regulatory provisions for correcting a DD Form 214 to reflect service performed after the effective date of the form. To do so would be contrary to the purpose of the form. There is no basis for granting 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.
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