IN THE CASE OF:  	  

		BOARD DATE:  6 August 2015	  

		DOCKET NUMBER:  AR20140019853 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to include military occupational specialties (MOS) 13B (Cannon Crewmember) and 13M (Multiple Launch Rocket Crewmember (MLRS)) in addition to MOS 68W1O (Health Care Specialist).

2.  The applicant states:

* he was MOS qualified in 13B as well as 13M, but both MOSs were omitted from his DD Form 214
* he wishes for his family to know the complete extent of his military service
* due to the omission of the two 13-series MOSs from his DD Form 214, he has been denied a service-connected disability rating for hearing loss

3.  The applicant provides:

* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* Certificate of Training, 13M, MLRS Crewmember, Phase I, 3-7 April 2008, dated 7 April 2008
* Diploma, 13M, MLRS Crewmember, Phase II, 7-19 April 2008, dated 19 April 2008
* Diploma, 13B, Cannon Crewmember, 8-22 May 2008, dated 22 May 2008
* DA Form 1059 (Service School Academic Evaluation Report), dated 22 May 2008
* DA Form 5286-R (Individual Basic Training, Advanced Individual Training, One Station Unit Training), dated August 2006

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 31 July 2002.  He was awarded the MOS 91W1O effective 2 October 2003.

3.  After completion of his U.S. Army Reserve service, he enlisted in the Army National Guard of the United States on 15 December 2006.  North Carolina Army National Guard Orders 142-982, dated 22 May 2007, reassigned him to the duty position of trauma specialist in MOS 68W1O (which is the redesignation of MOS 91W1O) effective 6 April 2007.

4.  North Carolina Army National Guard Orders 317-866, dated 13 November 2007, reassigned him to the duty position of ammunition specialist in MOS 13M1O effective 13 November 2007.

5.  The applicant provided documentation showing he graduated from:

* Phase 1, 13M1O MLRC Crewmember Course, on 7 April 2008
* Phase 2, 13M1O MLRC Crewmember Course, on 19 April 2008
* 13B1O Cannon Crewmember Course, on 22 May 2008

6.  North Carolina Army National Guard Orders 309-833, dated 4 November 2008, awarded him MOS 13M1O and withdrew MOS 13B1O effective 1 November 2008.

7.  North Carolina Army National Guard Orders 349-854, dated 15 December 2009, awarded him MOS 68W1O and withdrew MOS 13M1O effective 11 December 2009.

8.  North Carolina Army National Guard Orders 043-129, dated 12 February 2010, ordered him to active duty in support of Operation Iraqi Freedom with a reporting date of 6 March 2010.  He deployed to Iraq from 16 April 2010 through 12 December 2010 in MOS 68W1O.

9.  On 14 June 2011, he was honorably released from active duty due to completion of required active service.  He was credited with 1 year, 3 months, and 9 days of net active service during this period.  Item 11 (Primary Specialty) of his DD Form 214 shows his primary specialty as 68W1O, Health Care Specialist, and he was credited with serving 1 year and 3 months in that MOS during this period of service.

10.  On 11 December 2012, the applicant was honorably discharged from the Army National Guard.  His NGB Form 22 shows his primary specialty numbers as 68W1O, 13M1O, and 13B1O.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation.  The instructions stated the title of each MOS or area of concentration (AOC) awarded and held for at least 1 year during the current period of service would be entered at item 11.  For each MOS/AOC, the number of years and months served should be included.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to reflect additional MOSs was carefully considered.

2.  The evidence of record indicates he was awarded MOSs 13M1O, 13B1O, and 68W1O during his military service.

3.  Regulatory guidance calls for the annotation on the DD Form 214 of the title of each MOS awarded and held for at least 1 year during the period of service covered by that DD Form 214.  The applicant's DD Form 214 issued for the period 6 March 2010 through 14 June 2011 covering his active duty in support of Operation Iraqi Freedom accurately reflects his MOS as 68W1O as this was the only MOS he served in during that time period.


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 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)                                         AR20140019853



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ABCMR Record of Proceedings (cont)                                         AR20140019853



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