IN THE CASE OF:
BOARD DATE: 3 March 2015
DOCKET NUMBER: AR20140010964
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 9 November 2004 be corrected to show in item 11 his primary specialty was 37F3O Tactical Operations Specialist.
2. The applicant states that he was deployed with the 303rd Psychological Operations (PSYOP) Company as a PSYOP Detachment Sergeant in military occupational specialty 37F3O and at the time of separation it was not a pressing issue. However, he is preparing a warrant officer packet and desires his records be corrected.
3. The applicant provides copies of his DD Form 214, two noncommissioned officer evaluation reports (NCOER), a DA Form 1059 (Academic Evaluation Report) and his diploma for completion of the 37F1O course.
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 was serving in the United States Army Reserve (USAR) in the rank of sergeant when he completed the PSYOP Specialist Course (37F1O), phase I and II on 21 December 2002. He was awarded primary military occupational specialty (PMOS) 37F2O on 30 April 2003.
3. He was ordered to active duty on 1 December 2003 in support of Operation Enduring Freedom in MOS 37F1O. He deployed to Iraq during the period 20040201 20041002 and served as a Tactical PSYOP Detachment Chief.
4. On 9 November 2004 he was honorably released from active duty (REFRAD) in the pay grade of E-6 due to completion of required service and was returned to his USAR unit in Maryland. His DD Form 214 issued at the time of his REFRAD shows in item 11 his primary specialty as "12C3O Bridge Crewman 0 yrs 11 months."
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded MOS 37F1O on 30 April 2003 and was serving in that MOS when he was ordered to active duty on 1 December 2003. He continued to serve in that MOS during his entire deployment.
2. However, at the time of his REFRAD on 9 November 2004, his DD Form 214 was incorrectly prepared to reflect his primary specialty as "12C3O Bridge Crewman 0 yrs 11 months."
3. Accordingly, his DD Form 214 dated 9 November 2004 should be corrected to show in item 11 that his primary specialty is "37F3O Psychological Operations Specialist 1 Yr 6 Mos 10 days."
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:
* Deleting the entry "12C3O Bridge Crewman 0 yrs 11 months" from item 11 of his DD Form 214 dated 9 November 2004
* Adding the entry "37F3O Psychological Operations Specialist 1 Yr 6 Mos 10 days" to item 11 of his DD Form 214 dated 9 November 2004
_______ _ _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) AR20140010964
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ABCMR Record of Proceedings (cont) AR20140010964
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