IN THE CASE OF: BOARD DATE: 1 MARCH 2016 DOCKET NUMBER: AR20150007912 BOARD VOTE: ____X_____ __X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 1 MARCH 2016 DOCKET NUMBER: AR20150007912 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 deleting the current entry in item 11 of his DD Form 214 for the period ending 30 September 2014 and replacing it with the following entry: * 79T4O RECRUIT/RETN NCO (ARNG) – 3 YRS 9 MOS * 11B3O INFANTRYMAN – 2 YRS 8 MOS ______________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. Enclosure 1 IN THE CASE OF: BOARD DATE: 1 MARCH 2016 DOCKET NUMBER: AR20150007912 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). 2. The applicant states: * the DA Form 1059 (Service School Academic Evaluation Report) showing his successful completion of the Infantryman MOS Qualification Course was not properly processed immediately after graduation * he noticed the error while completing his retirement out-processing from the Army, but could not locate the needed documents in order to correct his DD Form 214 to reflect MOS 11B at the time 3. The applicant provides: * DA Form 1059, dated 12 April 2008 * New York Army National Guard (ARNG) Orders 086-140, dated 26 March 2008 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. 1. After over 12 years of prior service in the U.S. Marine Corps where the applicant served as a fixed wing aircraft airframe mechanic and as a recruiter, he enlisted in the ARNG on 22 June 2007. 2. His records contain an undated and unsigned DD Form 1966 (Record of Military Processing – Armed Forces of the United States) which shows he was enlisting in the rank/grade of sergeant/E-5 in MOS 13D (Field Artillery Automated Tactical Data System Specialist). 3. There is no evidence of record showing he was ever awarded MOS 13D or that he either attended or completed any Army MOS qualification course after which the awarding of MOS 13D would normally result. 4. New York ARNG Orders 086-140, dated 26 March 2008, ordered him to temporary duty at Camp Robinson, AK, for the purpose of infantryman initial skills acquisition from 28 March 2008 through 12 April 2008. 5. A DA Form 1059, dated 12 April 2008 shows the applicant attended and successfully completed the Infantryman MOS Qualification Course from 29 March 2008 through 12 April 2008. 6. His records do not contain orders awarding him MOS 11B. 7. He entered active duty in the ARNG Active Guard Reserve Program on 22 April 2008. 8. A DA Form 1059, dated 24 June 2009, shows he attended and successfully completed Basic Noncommissioned Officer (NCO) Evaluation Course Common Leader Training for MOS 11B from 12 June 2009 through 24 June 2009. 9. A DA Form 1059, dated 28 May 2010, shows he attended and successfully completed the ARNG 79T (Recruiting and Retention NCO (ARNG)) Conversion Course from 17 May 2010 through 28 May 2010. 10. New York ARNG Orders 363-1005, dated 29 December 2010, awarded him primary MOS 79T and withdrew primary MOS 09B (Trainee) effective 1 December 2010. 11. His military records contain six DA Forms 2166-8 (NCO Evaluation Report (NCOER). The first four NCOERs covering the periods 21 June 2007 through 21 April 2008, 22 April 2008 through 21 April 2009, 22 April 2009 through 21 April 2010, and 22 April 2010 through 21 April 2011 show his primary MOS as 11B and his duty MOS as 79T. His NCOER covering the period 22 April 2011 through 31 October 2011 shows his primary MOS as 79T and his duty MOS as 00F (Immaterial National Guard Bureau), His NCOER covering the period 15 October 2012 through 14 October 2013 shows his primary and duty MOS as 79T. 12. On 30 September 2014 he retired after completing 20 years and 29 days of active service. Item 11 (Primary Specialty) of his DD Form 214 shows: * 79T4O RECRUIT/RETN NCO (NG) – 3 YRS 9 MOS * 09B4O TRAINEE, UNASSIGNED – 2 YRS 8 MOS REFERENCES: 1. 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. 2. National Guard Regulation 600-200 (Enlisted Personnel Management) prescribes the criteria, policies, processes, procedures, and responsibilities to classify, assign, utilize, and transfer within and between States. It states Soldiers identified for reclassification, including prior-service enlistees who have completed initial entry training, will be trained in the new MOS as required in Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure), chapter 10, which describes or restricts the ways in which Soldiers may qualify for a particular MOS. 3. Department of the Army Pamphlet 611-21 provides procedures and prescribes the method of developing, changing, and controlling officer, warrant officer, and enlisted military occupational classification structures. Chapter 10 states Reserve Component Soldiers in the rank/grade of sergeant/E-5, staff sergeant/E-6, and sergeant first class/E-7 reclassifying into MOS 11B must attend the 071-11B2/3/4 Infantry Transition Course and the appropriate level NCO Education System technical phase. DISCUSSION: 1. The applicant's request for correction of his DD Form 214 to reflect award of MOS 11B was carefully considered. 2. Records indicate he completed qualification training for MOS 11B as a prior-service Soldier in April 2008, Basic NCO Evaluation Course Common Leader Training for MOS 11B in June 2009, and received four consecutive NCOERs from June 2007 through April 2011 wherein his primary MOS was listed as 11B. 3. Orders awarded him primary MOS 79T effective 1 December 2010 and simultaneously withdrew his status as a trainee. 4. Although his service records are void of orders awarding him MOS 11B, in light of the abundant documentation showing he was qualified in that MOS, it is reasonable to presume an administrative error resulted in the lack of orders. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150007912 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20150007912 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2