IN THE CASE OF:	   

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140014585 


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) to include the primary military occupational specialty (MOS) of 37F (Psychological Operations Specialist).

2.  The applicant states the representative did not include his primary MOS when he was deployed to Afghanistan.  During his deployment he performed the responsibilities of MOS 37F.

3.  The applicant provides copies of the following:

* Psychological Operations MOS-TPH2/PH3 Course diploma
* DA Form 1059 (Service School Academic Evaluation Report)
* 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.  The applicant enlisted in the U.S. Army Reserve on 30 March 2006.  He entered on active duty for training (ADT) on 18 May 2006.  He completed training and was awarded MOS 88M (Motor Transport Operator).  He was released from ADT on 8 September 2006 and was transferred to a Reserve unit.  

3.  He provided copies of the following:

* Psychological Operations MOS-TPH2/PH3 Course diploma, dated 24 June 2009 (a U.S. Army Reserve school)
* DA Form 1059, dated 26 June 2009, which shows he attended from 30 May through 25 June 2009 and completed the Psychological Operations MOS-TPH2/PH3 331-37F10 Course

4.  He was ordered to and entered active duty on 23 July 2009 in support of Operation Enduring Freedom.  He served in Afghanistan from 21 August 2009 through 20 May 2010 in MOS 88M.  

5.  He was released from active duty on 12 June 2010 and was transferred to a Reserve unit.  He was credited with completing 10 months and 20 days of active service.  His DD Form 214 lists in Item 11 "88M1O, Motor Transport Op – 0 Years, 11 Months//Nothing Follows."

6.  Orders Number 107-1022, issued by the Illinois Army National Guard (ILARNG) on 17 April 2014, awarded him primary MOS 88M effective 11 April 2014.

7.  An ARNG Current Annual Statement, dated 21 April 2014, shows he enlisted in the ILARNG on 13 February 2014.

8.  His record is void of any evidence he was awarded MOS 37F as his primary MOS or as a secondary MOS by permanent orders during his period of service.

9.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The DD Form 214 provided a brief, clear-cup record of active duty service at the time of release from active duty (emphasis added).  The regulation stated Item 11 would list the following:

* the primary MOS and all additional MOSs served for a period of one year or more, during the Soldier's continuous active military service with the title, the years and months served
* the first five characters of the primary MOS which will include the three characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable -- if not, the fifth character will be a "O"  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served in primary MOS 37F during his service in Afghanistan and that his DD Form 214 should be corrected to show that MOS.

2.  A review of the evidence and applicant's records shows he did attend school for MOS 37F and successfully graduated from a U.S. Army Reserve school on 25 June 2009.  He then entered active duty on 23 July 2009 to support Operation Enduring Freedom in Afghanistan.  

3.  However, there is insufficient evidence in the applicant's record and he did not provide sufficient evidence to support his contention that his commander or the designated MOS proponent awarded him by permanent order MOS 37F upon completion of the school and then served in that MOS during his period of service and/or his 2009 deployment.  In fact as recently as 2014, orders show he was awarded MOS 88M by his current Reserve unit. 

4.  Therefore, there is insufficient evidence to support granting him 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.

ABCMR Record of Proceedings (cont)                                         AR20140014585



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ABCMR Record of Proceedings (cont)                                         AR20140014585



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