IN THE CASE OF BOARD DATE: 15 April 2014 DOCKET NUMBER: AR20140002798 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, in effect, correction of his records to show on 2 December 2010 he enlisted in the California Army National Guard (CAARNG) in military occupational specialty (MOS) 09S (Commissioned Officer Candidate) vice MOS 35M (Human Intelligence Collector). 2. The applicant states his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows his enlistment MOS as 35M and he is requesting it be corrected to show MOS 09S. The recruiter or clerk mistakenly entered the wrong MOS on his enlistment documents. While he was going to be assigned to a Military Intelligence (MI) unit, his MOS was 09S. He completed Officer Candidate School (OCS) in March 2012 and the MI Basic Officer Leadership Course (BOLC) in May 2013. 3. The applicant provides orders and page 4 of his DD Form 1966. 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 CAARNG on 2 December 2010 for a period of 8 years in the rank/grade of specialist (SPC)/E-4. He was processed through the Sacramento Military Entrance Processing Station (MEPS) on this date. 3. His records contain an Enlistment/Reenlistment Agreement ARNG (Appendix A), dated 2 December 2010, wherein it shows he acknowledged that in connection with his enlistment in the ARNG he: * was enlisting in Company C, 223rd MI Battalion, San Rafael, CA * agreed to report back to the MEPS on 1 March 2011 * would attend basic training (BT) at Fort Leonard Wood, MO * would attend advanced individual training at Fort Huachuca, AZ * was enlisting under program S for standard training * had been assured he would be attending the school course for MOS 35M and the Persian-Iranian language (PF) 4. Item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) of his DD Form 1966 shows he was enlisting for assignment to Company C, 223rd MI Battalion, the Student Loan Repayment Program in the amount of $50,000, for 6 years in MOS 35M and language code PF, under the ARNG standard training program. 5. The applicant and the witnessing official signed these forms on 2 December 2010. 6. The applicant provides Orders 1088002, dated 17 March 2011, issued by the Sacramento MEPS, wherein it amended Order 1088001, dated 17 March 2011, pertaining to initial active duty for training (IADT) to read MOS 09S vice MOS 35M. The authority for the amendment is shown as the ARNG Liaison. Orders 1088001 are not available for review with this case and the reason the orders were changed is not shown. 7. There is no evidence in his records that show his 2 December 2010 DD Form 4, Annex A, or DD Form 1966 were ever voided or that he signed new enlistment forms in March 2011. 8. On 29 March 2011, he entered IADT at Fort Sill, OK. He was honorably released from IADT on 12 June 2011 to the control of his ARNG unit, the CAARNG Medical Detachment, Sacramento, CA. 9. Item 18 (Remarks) of the DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period of service shows he was a 09S BT graduate. 10. The applicant completed OCS in March 2012. He was appointed as a Reserve second lieutenant (2LT) in the ARNG, MI Branch, and he executed an oath of office on 16 March 2012. 11. He attended and successfully completed the MI BOLC from 22 January to 21 May 2013 at Fort Huachuca, AZ. He was subsequently awarded area of concentration 35D (All-Source Intelligence Officer). DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms the applicant enlisted in the CAARNG on 2 December 2010 for a period of 6 years in MOS 35M under the standard training program enlistment option and was due to start his IADT on 1 March 2011 in MOS 35M. 2. Although the specific reasons as to why his orders were changed and he was allowed to enter IADT in MOS 09S on 29 March 2011 are not known, there is no evidence that shows an error was made on his DD Form 4, Annex A, or DD Form 1966 on 2 December 2010. 3. The evidence of record shows he completed BT in June 2011, the requirements for appointment as a commissioned officer in March 2012, and he was appointed as a 2LT in the CAARNG on 16 March 2012. 4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. 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) AR20140002798 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140002798 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1