IN THE CASE OF:  	  

		BOARD DATE:  3 February 2015	  

		DOCKET NUMBER:  AR20140009442


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 item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:
   
   a.  item 11 of his DD Form 214 should show he served in military occupational specialty (MOS) 67T (Utility Helicopter Repairer) for the duration of his active military service;
   
   b.  although MOS 67T was changed during his military service to MOS 15T, his DD Form 214 should be corrected because he attended MOS 67T school at Fort Eustis, Virginia from January to May 2000 and served in this specialty at his follow on assignment to Fort Carson, Colorado; and
   
   c.  he has evidentiary proof of this information.
   
3.  The applicant provides a Joint Services Transcript with his application.

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.  The applicant's military records show he enlisted in the Regular Army on 15 September 1999.  His DA Form 2-1 (Personnel Qualification Record) shows upon completion of basic combat training (BCT) he entered a casual status from 15 December 1999 through 15 October 2001.  It also shows in:

   a.  Item 6 (MOS) – a blank entry;
   
   b.  Item 17 (Civilian Education and Military Schools)  - with the exception of BCT, the applicant did not complete any other military schools; and
   
   c.  Item 21 (Time Lost) – the applicant accrued 663 days time lost during the following periods:
   
* 16 – 22 October 2001 (7 days absent without leave (AWOL))
* 16 November 2001 – 20 April 2003 (521 days AWOL)
* 29 September 2003 – 10 February 2004 (135 days imprisonment)

3.  His official military personnel file does not contain any orders showing he was awarded an MOS during his military service.  It does contain Headquarters, 7th Infantry Division and Fort Carson, Order Number 225-502, dated 13 August 2001, which announced he would perform hazardous duty as a crewmember in MOS 67T.

4.  In 2004, MOS 67T1O (UH-60 Blackhawk Helicopter Repairer) was converted to MOS 15T1O (Utility Helicopter Repairer).

5.  On 30 December 2005, he was discharged from active duty.  His DD Form 214 shows he completed 5 years, 11 months, and 1 day of creditable active duty service.  Item 11 of his DD Form 214 contains the entry "15B ACFT POWERPLANT REP – 00 YEARS 00 MONTHS//NOTHING FOLLOWS."

6.  The applicant provides an unofficial Joint Services Transcript dated 8 November 2013, that shows he attended the UH-60 Helicopter Repairer Course from 7 February to 19 May 2000.  It also shows that he held the following MOSs on the dates indicated:

* Duty MOS (DMOS) 67T – on 1 August 1999
* DMOS 15T (UH-60 Helicopter Repairer) - on 1 September 2003
* primary MOS (PMOS) 15B (Aircraft Powerplant Repairer) – on 13 October 2003

6.  Army Regulation 635-5 (Separation Documents), as then in effect, prescribed the separation documents that must be prepared for Soldiers being discharged.

   a.  It provided detailed instructions for completing separation documents, including the DD Form 214.  It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
   
   b.  Paragraph 2-4h(11) stated for item 11 to enter the titles of all MOSs awarded and held for at least 1 year during the current period of service and include for each MOS, the number of years and months held.  For time determinations, 16 or more days counts as a month.  Do not count time in training (basic training, advanced individual training, Basic Officer's Leader Course, or MOS-producing school).  PMOS is awarded by Service school completion and/or by publication of orders awarding the MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 11 of his DD Form 214 should be corrected to list MOS 67T for the duration of his military service.  There is sufficient evidence to support his claim.

2.  While the evidence of record does not contain an official order showing the applicant was ever awarded any MOS, the Joint Service Transcript he provides shows he completed training in MOS 67T from 7 February 2000 to 19 May 2000. His OMPF also contains an official order showing he was ordered to hazardous duty as a crewmember in MOS in MOS 67T.  Therefore, this order corroborates his claim the evidence he provides.

3.  The evidence in this case also shows an MOS conversion changed the applicant's MOS from 67T to 15T in the year 2004.  As such at the time of the applicant's discharge from active duty, 15T was his MOS.  Accordingly, based on the date he attained MOS 15T (19 May 2000), through 30 December 2005, minus his time lost, item 11 of his DD Form 214 should be corrected to add the entry "67T/15T Utility Helicopter Repairer  - 2 Years, 10 months" and he should be issued a corrected document to reflect this correction.


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:

	a.  adding to item 11 of his DD Form 214 the entry "67T1O/15T1O - Utility Helicopter Repairer - -- 2 years and 11 months"; and

	b.  issuing the applicant a corrected document to reflect this correction.




      _______ _   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)                                         AR20140009442





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ABCMR Record of Proceedings (cont)                                         AR20140009442



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