IN THE CASE OF:  	  

		BOARD DATE:  22 October 2015  	  

		DOCKET NUMBER:  AR20150003562


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), for the period ending 4 November 2007, to show he was awarded military occupational specialties (MOS):

* 91B (Wheeled Vehicle Mechanic) as his primary MOS (PMOS)
* 11B (Infantryman) as his secondary MOS (SMOS)
* 31B (Military Police) and 88M (Motor Transport Operator) as his duty MOSs (DMOS)

2.  The applicant states these MOSs are missing from his DD Form 214 and he would like them added in order to help him secure Department of Veterans Affairs (VA) benefits and future job opportunities.  

3.  The applicant provides a copy of his DD Form 214 and a five-page document entitled "Joint Services Transcript," including a one-page document labeled "Summary." 

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 Illinois Army National Guard (ILARNG) on 25 February 2005.  He was ordered to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom.  He entered active duty on 24 July 2006.  At the time, he held MOS 63B (Wheeled Vehicle Mechanic).  He served in Iraq from 15 October 2006 to 30 September 2007.

3.  He was honorably released from active duty on 4 November 2007 and transferred back to the control of the ILARNG.  Item 11 of the DD Form 214 he was issued for this period of service contains the entry "63B10 Wheeled Vehicle Mechanic - 1 YRS 4 MOS." 

4.  His record reveals a DA Form 1059 (Service School Academic Evaluation Report) that shows he completed the Infantryman Course from 11 July to 25 July 2009 and was awarded 11B as a secondary MOS by Orders 225-382, which were issued by the ILARNG on 13 August 2009.

5.  Orders 011-396, issued by the ILARNG on 11 January 2010, withdrew MOS 63B as his PMOS and awarded MOS 91B as his new PMOS.  This was a result of the MOS being re-designated by the Department of the Army.  

6.  This is no evidence in his record that shows he completed any military training course and/or was awarded the MOS 31B or 88M during the period of active duty service between 24 July 2006 and 4 November 2007. 

7.  He provides as evidence a five-page document entitled "Joint Service Transcript (JST)," classified as "Unofficial," and a "Summary" one-page document.  The JST is an evaluation of a Soldier's professional education and experiences by the American Council on Education to recommend potential equivalency credits to institutes of higher civilian education.  These documents do not contain any credit applied based on the applicant's contention of holding MOSs 31B and 88M.         

8.  Army Regulation 635-5 (Separation 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 stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of item 11 of his DD Form 214, for the period ending 4 November 2007, to show he was awarded MOS 91B as his PMOS, 11B as his SMOS, and MOSs 31B and 88M as his DMOSs, was carefully considered.

2.  The applicant was awarded MOS 63B, which is reflected on his DD Form 214. This MOS was later re-designated as MOS 91B on 11 January 2010; however, this re-designation occurred after his period of active duty service.    

3.  The applicant was awarded MOS 11B after completing the Infantryman Course in 2009.  This occurred after his period of service on active duty.

4.  There is no evidence in his record nor does he provide any that shows he was awarded or received any formal military school training in MOSs 31B or 88M during his period of active duty service.  The JST he provides is an unofficial document that evaluates possible future college credits based on his military education and experiences.

5.  The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty.  There are no provisions for adding MOSs to the DD Form 214 which were awarded after the Soldier was released from active duty.  

6.  The Army Board for Correction of Military Records (ABCMR) does not grant requests for the correction of records solely for the purpose of making the applicant eligible for veterans or other benefits, or for enhancing employment opportunities.  Every case is individually decided based upon its merits when an applicant requests a correction to his military records.

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)                                         AR20140014216



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20150003562



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1