BOARD DATE: 5 January 2016 DOCKET NUMBER: AR20150005824 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 award of military occupational specialty (MOS) 11B (Infantryman) and the military training he completed. 2. The applicant states: * his DD Form 214 does not show his MOS or military training completed * he completed initial entry training and that information should be entered on his DD Form 214 * under special orders from the post commander, he was not present when his DD Form 214 was completed * he only received a copy of his completed DD Form 214 when he returned his military identification card to Fort Benning * he completed this application for correction of military records based on his memory of what his DD Form 214 contained when it was shown to him 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. The applicant enlisted in the Army National Guard on 3 January 1997. He attended basic combat training from 20 June 1997 through 29 August 1997 during the summer between his junior and senior year of high school under the split-option program. 3. After his projected graduation from high school in June 1998, he was scheduled to attend advanced individual training (AIT) for MOS 31P (Microwave Systems Operator/Maintainer) on 22 June 1998 at Fort Gordon, GA, which was rescheduled for 3 August 1998. These AIT reservations were cancelled as he did not graduate from high school in June 1998 as anticipated and was required to attend summer school from 6 July 1998 through 14 August 1998 in an attempt to graduate. These AIT reservations were not rescheduled. 4. On 11 February 1999, he was granted a conditional release from the Army National Guard for the purpose of enlistment into the Regular Army. On 28 February 1999, he was discharged from the Army National Guard. His service was uncharacterized. 5. On 18 May 1999, he enlisted in the Regular Army for career management field 11 (Infantry). His available records contain no orders sending him to Fort Benning for AIT or awarding him MOS 11B. 6. His military records contain a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 18 January 2000, showing he was on authorized leave from the U.S. Army Infantry School at Fort Benning, GA, from 13 December 1999 through 17 January 2000. He was involved in a four-car accident on 29 December 1999 in which he sustained neck, shoulder, and back injuries. These injuries were determined to have been in the line of duty and appear to have led to the applicant's subsequent disability discharge. 7. Headquarters, U.S. Infantry Center Orders 068-2220, dated 8 March 2000, reassigned him to the U.S. Army Transition Point for transition processing effective 29 March 2000. On 30 March 2000, he was honorably discharged due to disability with severance pay and granted a 10-percent disability rating. Item 11 (Primary Specialty) of his DD Form 214 shows he was not awarded an MOS and item 14 (Military Education) shows the entry "none." No further documents pertaining to his discharge are in his available records for review. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. The instructions stated to enter the title of each MOS awarded and held for at least 1 year during the current period of service in item 11. For each MOS entered, the number of years and months served should be included. Military education is entered in item 14; however, courses for combat skills (e.g., basic combat training and AIT for MOS 11B) are not listed. 9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to reflect award of MOS 11B was carefully considered. 2. There is no evidence of record showing he successfully completed AIT and was awarded and held the MOS 11B or any other MOS for at least 1 year during the period covered by his DD Form 214. 3. Regulatory guidance calls for annotation of the title of each MOS awarded and held for at least 1 year during the period of service covered by that DD Form 214. 4. The circumstances surrounding his service at Fort Benning, presumably spent in AIT, and his subsequent disability discharge are not available for review. It is incumbent upon the applicant to provide a compelling argument supported by corroborating documentation to show his records are in need of correction based on an injustice or inequity. In the absence of such evidence, administrative regularity must be presumed. 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 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) AR20150005824 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005824 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1