IN THE CASE OF:
BOARD DATE: 15 September 2015
DOCKET NUMBER: AR20150002657
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 9 November 2006 to show he served less than 17 years and 6 months in his primary military occupational specialty (MOS).
2. The applicant states that his DD Form 214 shows the incorrect time he served in his primary specialty. He believes it to be a clerical error.
3. The applicant provides no additional evidence.
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. A review of the interactive Personnel Electronic Records Management System (iPERMS) fails to reveal all of the records pertaining to the applicant's service in the Army National Guard (ARNG). However, iPERMS does contain a copy of a DD Form 214 for the period ending 14 April 1989 showing he was a member of the ARNG when he was ordered to active duty for training (ADT) on 15 November 1988. He was released from ADT on 14 April 1989. Item 11 on his DD Form 214 for this period of active service shows his primary specialty as construction equipment repairer (62B10) with 00 years and 00 months.
3. He enlisted in the United States Army Reserve (USAR) on 20 December 1991. He continued to serve as a member of the USAR and he was ordered to active duty effective 24 August 2005 in support of Operation Iraqi Freedom.
4. He was released from active duty on 9 November 2006 upon completion of his required active service. He was returned to the 322nd Combat Support Company in the USAR.
5. Item 11 on his DD Form 214 shows his primary specialty as 62B10 with 17 Years and 6 Months.
6. A review of the available records show he had a break in service from 30 October 1996 through 17 June 2002.
7. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It directed that the titles of all MOSs served in for at least 1 year will be entered in item 11 and will include the number of years and months served.
8. Army Regulation 635-8 (Separation Processing and Documents), effective
10 March 2014, provides that item 11 will contain the titles of all MOSs awarded and held for at least 1 year during the current period of active service. It would include for each MOS the number of years and months held. For time determinations, 16 or more days count as a month.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 11 on his DD Form 214 for the period ending 9 November 2006 should be corrected to show he served less than 17 years and 6 months in his primary MOS.
2. According to the regulation in effect at the time all MOSs held for 1 year or more were to be entered in item 11 of the DD Form 214 and would include the number of years and months served.
3. The current regulatory policy is more specific in that it states this entry will only show the period served in the primary specialty during the period covered by the DD Form 214. As such, it would be appropriate to amend item 11 to show a period of 1 year and 3 months, which is the length of his active duty service during the period covered by the DD Form 214.
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:
a. deleting the current entry in item 11 of his DD Form 214 for the period ending 9 November 2006 and
b. showing he held 62B1O Construction Equipment Repairer for 1 year and
3 months.
_______ _ 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) AR20150002657
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