IN THE CASE OF:
BOARD DATE: 21 July 2015
DOCKET NUMBER: AR20140019776
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) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 July 2007 to show he served in primary specialty 25A (Signal, General) for 1 year and 2 months.
2. The applicant states the years and months he served were in the capacity of his military occupational specialty (MOS) as a Signal Officer; therefore, his creditable time should be adjusted as such.
3. The applicant provides his 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. At the time the applicant submitted his application, he was serving in the U.S. Army Reserve in the rank of captain/O-3.
3. After completing prior enlisted Reserve service, the applicant was appointed as a Reserve second lieutenant in the Signal Corps Branch on 21 May 2004.
4. On 22 June 2004, he was ordered to active duty for training (ADT). At the completion of ADT on 29 October 2004, he was awarded primary specialty 25A.
5. He was promoted to first lieutenant on 10 March 2006.
6. On 10 May 2006, he was ordered to active duty.
7. His personnel documents in the Interactive Personnel Electronic Records Management System (iPERMS) include the following OERs which show:
Period Covered
Rated Months
Designated Specialty
Principal Duty Title
Position Area of Concentration (AOC)/Branch
20060415-20061201
8 months
25A
Communications Officer
25A/SC
20061202-20070601
6 months
25A
Communications Officer/Deputy S6
25A
20070602-20080601
12 months
25A
Commander, Headquarters and Headquarters Detachment
88C/TC
8. He served in Kuwait/Iraq from 19 June 2006 to 10 June 2007.
9. He was released from active duty on 28 July 2007 under the provisions of Army Regulation 600-8-24, paragraph 2-15A (Officer Transfers and Discharges) by reason of completion of required active service. On the following day, he was transferred to his Reserve unit.
10. His DD Form 214 for the period ending 28 July 2007 shows in:
a. item 11, the entry "25A SIGNAL, GENERAL - 00 YRS 00 MOS//NOTHING FOLLOWS."
b. item 12c (Net Active Service This Period), he completed 1 year, 2 months, and 19 days net active service during the period 10 May 2006 through 28 July 2007.
11. Army Regulation 635-5 (Separation Processing and Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directed the titles of all MOSs awarded and held for at least 1 year during the current period of service and the number of years and months held will be entered in item 11. For time determinations, 16 or more days counts as a month.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was appointed as a Reserve commissioned officer and he completed training in specialty 25A on 29 October 2004.
2. The evidence of record shows the applicant served on active duty from 10 May 2006 through 28 July 2007, which is a period of 1 year, 2 months, and 19 days. The OERs he received during this period of active duty show he held specialty 25A in the Signal Corps.
3. Therefore, it would appropriate to amend his DD Form 214 for the period ending 28 July 2007 to show he served in specialty 25A for 1 year and 3 months (1 year, 2 months, and 19 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 the DD Form 214 for the period ending 28 July 2007 of the individual concerned be corrected by amending item 11 by deleting the current entry and replacing it with the entry "25A SIGNAL, GENERAL - 01 YRS 03 MOS."
_____________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) AR20140019776
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