IN THE CASE OF: BOARD DATE: 25 July 2013 DOCKET NUMBER: AR20130000172 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 show he served 1 year and 10 months vice 10 years and 8 months in his primary specialty. 2. The applicant states his DD Form 214 incorrectly credited him with 10 years and 8 months in his primary specialty. He completed 1 year and 10 months of active service and could not have served in that specialty for 10 years and 8 months. 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. The applicant's record shows he enlisted in the Regular Army for 3 years on 5 August 1987. He completed basic combat training (BCT) and then advanced individual training (AIT) at Fort Sam Houston, TX. 3. On 15 September 1987, Headquarters, Fort Sam Houston, TX, published Orders 180-77 awarding him primary military occupational specialty (PMOS) 91A (Medical Specialist), effective 23 October 1987. 4. He was honorably released from active duty on 30 June 1989. His DD Form 214 shows he completed 1 year, 10 months, and 26 days of active service. This form also shows in item 11 (Primary Specialty Number, Title and Years in Specialty) the entry "91A1O Medical Specialist 10 Years 8 Months." 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. It stated that for item 11, enter the MOS codes, titles, years, and months for enlisted personnel. BCT and AIT are not counted. DISCUSSION AND CONCLUSIONS: 1. The applicant was awarded PMOS 91A on 23 October 1987. He served in this PMOS until his release from active duty on 30 June 1989, a period of 1 year and 8 months. His DD Form 214 inadvertently credited him with 10 years and 8 months vice the 1 year and 8 months in this specialty. Therefore, he is entitled to correction of his DD Form 214 to show the correct period he served in this PMOS. 2. When calculating the number of years and months served in a specialty, BCT and AIT are not counted because the member does not have a specialty until completion of AIT. As such, he would not receive credit for 1 year and 10 months as he contends. 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 deleting from item 11 the existing entry and adding the entry "91A1O Medical Specialist 1 Year 8 Months." 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 correcting item 11 of his DD Form 214 to show he served 1 year and 10 months in his specialty. __________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) AR20130000172 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130000172 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1