IN THE CASE OF:  	  

		BOARD DATE:  14 July 2015	  

		DOCKET NUMBER:  AR20140019618 


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 30 June 2009 DD Form 214 (Certificate of Release or Discharge From Active Duty) to show –

* his name as Terrill Trent L____ not Trent Terrill L____
* military occupational specialty (MOS) 11B2O (Infantryman) 1 year and 8 months with the additional skill identifier (ASI) P4 Tactical Information Operations 
* correction of his date of rank to 1 November 2007
* correction of "Tact Info Oops" to "Tact Info Ops"

2.  The applicant states he has requested these corrections several times but for unknown reasons the changes have not been made.

3.  The applicant provides copies of the first page of the ABCMR 24 January 2013 Record of Proceedings, his DD Form 214, a 21 May 2009 DA Form 1059 (Service School Academic Evaluation Report), Personnel Qualification Record – Enlisted, and six pages of email communications.

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.  With prior enlisted Marine Corps service, the applicant enlisted in the Army National Guard (ARNG) on 1 November 2007 in the rank and pay grade of sergeant (SGT) E-5.  The typed name on the enlistment documents was Trent Terrill L___; however, the legible legal signature was Terrill Tent L____. 

3.  He was called to full-time National Guard duty on 19 February 2008 in pay grade E-5 with primary MOS (PMOS) 21B (Combat Engineer) and assigned in a 63H (Track Vehicle Mechanic) position.  

4.  On 25 July 2008, his PMOS was changed to 63H2O and his secondary MOS (SMOS) to 11B2O.  His orders do not show an ASI.  

5.  On 2 May 2009, he was reassigned to an MOS immaterial position.

6.  On 21 May 2009, he completed the Tactical Information Operations course.  The remarks section of his DA Form 1059 (Service School Academic Evaluation Report) for this training states that he was authorized to be awarded ASI P4.

7.  The 30 June 2009 DD Form 214 shows at –

* block 1 (Name) – Trent Terrill L___
* block 4a and b (Rank/Pay Grade) – SGT E-5
* block 11(Primary Specialty) – 63H2O Track Vehicle Mechanic 1 year
* block 12h (Effective Date of Pay Grade) – 20 February 2008
* block 14 (Military Education) – included the entry "TACT INFO OOPS, 2 WKS, MAY 2009"

8.  On 1 July 2009, his PMOS was changed to 11B2O and his SMOS to 63H2O.  His orders do not show an ASI.

9.  Headquarters, Military Department, State of Washington, Orders 257-034, changed his PMOS to 63H2O with a SMOS of 11B2O effective 14 September 2009.  These orders do not show an ASI. 
  

10.  Headquarters, Military Department, State of Washington, Orders 268-907, changed his PMOS to 91H1O with a SMOS of 11B2O effective 10 September 2010.  These orders do not show an ASI. 

11.  On 11 August 2011, Headquarters, Military Department, State of Washington, issued Orders 223-922, amending Orders 257-034 to show his MOSs as:

* PMOS:  91H2O
* SMOS:  11B2O
* PMOS/ASI:  P4

12.  On 14 December 2010, the applicant was released from active duty.  His DD Form 214 shows at –

* block 1 – Trent Terrill L___
* block 4a and b – specialist/E-4
* block 11 – 91H1O Track Vehicle Repairman, 1 year 1 month
* block 12h – 10 September 2010

13.  On 24 January 2013, ABCMR decisional document AR20120009375 granted a correction of the applicant's name on his ARNG enlistment documents.

14.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214 and states –

   a.  Block 11, enter the titles of all MOS served in, during the current period, 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 AIT. 
     
   b.  For an enlisted Soldier, specify the first five characters of the PMOS code, which includes 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. 
   
   c.  The DD Form 214 states, at block 11, to list additional specialty numbers and titles involving periods of one or more years.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his name was favorably addressed in the ABCMR 24 January 2013 Record of Proceedings.  However, it was only addressed as it pertained to correcting his 1 November 2007 ARNG enlistment documentation. 

2.  Although copies of his two DD Forms 214 were included in the documentation provided during the previous review, neither of these documents were addressed or corrected when the enlistment document was corrected.  Therefore, it would be appropriate to correct his 30 June 2009 and 14 December 2010 DD Forms 214 to show his name as Terrill Trent L____ .  If he desires to have his name corrected on his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) he should contact the Washington ARNG.

3.  The applicant enlisted in the ARNG in the rank/pay grade of sergeant/E-5 and was ordered to full-time National Guard duty in that rank/pay grade.  Therefore, it is appropriate to correct the effective date of pay grade on the 30 June 2009 DD Form 214 to show 1 November 2007.

4.  The applicant completed the Tactical Information Operations course on 21 May 2009.  The entry at block 14 appears to have a typographical error by showing the abbreviation "OOPS" instead of "OPS."  It would be appropriate to correct this entry to show "OPS." 

5.  The applicant received authorization for the ASI P4 on 21 May 2009 upon completion of the Tactical Information Operations course and was released from active duty on 30 June 2009.  Further, evidence shows he was not awarded the P4 ASI until September 2009.  Since he had not held ASI P4 for a year during the period of active service covered by this DD Form 214 it was not and should not be included on the 30 June 2009 DD Form 214.

6.  Regarding his supplemental request to have the 30 June 2009 DD Form 214 show his primary specialty as 11B2O, evidence indicates he did not hold PMOS 11B for more than 1 year during either of his periods of active service.  Therefore, there is no basis for granting the requested relief. 

7.  In view of the foregoing, the applicant is entitled to have only so much of his records corrected as shown below. 

8.  A copy of this decisional document which confirms the applicant's correct name will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the different names under which he served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting the entry "Tact Info OOPS" from block 14 of his 30 June 2009 DD Form 214;

	b.  adding the entry "Tact Info OPS" to block 14 of his 30 June 2009 DD Form 214;

   c.  correcting his 30 June 2009 and 14 December 2010 DD Forms 214 to show his name as Terrill Trent L____; and

	d.  showing his effective date of pay grade as "2007 11 01" on his 30 June 2009 DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding ASI P4 to his 30 June 2009 DD Form 214.  



      _______ _   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)                                         AR20140019618



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ABCMR Record of Proceedings (cont)                                         AR20140019618



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