BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150003330 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 Number, Title and Years and Months in Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served in primary specialty 60B9B (Nuclear Medical Officer) for 3 years and 1 month. 2. He states, in effect, that item 11 of his DD Form 214 should show he served his entire period of active duty in primary specialty 60B9B. 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 completed his nuclear medicine residency in 1979. 3. On 13 June 1979, he was appointed a U.S. Army Reserve captain in the Medical Corps with the specialty skill identifier of 60B9C (Nuclear Medicine Officer). The applicant signed his oath of office on 16 June 1979. 4. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in – * item 6 (Military Occupational Specialties), the lined-through entry "60B9C, Nuclear Medicine Officer 790801" * item 6, the entry "60B9B, Nuclear Medicine Officer 810212" * item 35 (Current and Previous Assignments – Principal Duty) * Nuclear Medicine Officer from 1 August 1979 through 15 August 1980 * Internist from 16 August 1980 through 1 July 1981 * Chief, Nuclear Medicine Service from 6 July 1981 through the end of his period of active duty. 5. His DD Form 214 shows – * active duty service from 1 August 1979 through 30 September 1982 * 3 years, 1 month, and 30 days of active duty service this period * In item 11, "60B9B, Nuclear Medical Officer, 2 years, 2 months" 6. Army Regulation 635-5 (Personnel Separations - 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, in pertinent part, that 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. For entry in item 11, enter the titles of all military occupational specialties (MOS) or areas of concentration (AOC) served in during the current period for at least 1 year and include for each MOS/AOC the number of years and months served. For time determination, 16 days or more counted as a month. DISCUSSION AND CONCLUSIONS: The applicant was commissioned a nuclear medical officer and served in that capacity for a year, then as an internist for a year, and again as a nuclear medical officer for another year. The available record contains no evidence that the applicant was ever officially removed from his appointed primary specialty as a nuclear medical officer. Thus, there is sufficient evidence to show item 11 of his DD Form 214 was incorrectly prepared. Therefore, item 11 of his DD Form 214 should be corrected to show 3 years and 2 months. 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 amending item 11 of his DD Form 214 to show he served as a Nuclear Medical Officer for 3 years and 2 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) AR20150003330 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003330 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1