IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150009202 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150009202 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 the current entry in item 11 of his DD Form 214 and replacing it with the entry "91B1O WHEELED VEHICLE MECHANIC – 2 YRS 7 MOS//NOTHING FOLLOWS." 2. The Board further determined 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 amending item 11 of his DD Form 214 to show he served in military occupational specialty 91B for 2 years and 5 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. IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150009202 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 held military occupational specialty (MOS) 91B1O (wheeled vehicle mechanic) for 2 years and 5 months. 2. The applicant states: * his DD Form 214 shows he held MOS 91B1O for 1 year and 8 months * he enlisted on 1 July 2008 and he was discharged on 12 April 2011 * he completed advanced individual training in November 2008 and he served as a wheeled vehicle mechanic from November 2008 to April 2011 * his DD Form 214 should be corrected to show he held MOS 91B for 2 years and 5 months * the mistake in mechanical experience creates difficulty qualifying for employment in the automotive industry 3. The applicant provides a copy of 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 enlisted in the Regular Army on 1 July 2008 for MOS 63B (wheeled vehicle mechanic) and a period of 3 years and 24 weeks. 3. Section IX (Assignments Information) of his Enlisted Record Brief, prepared on 4 April 2011, shows his duty MOS as 63B (later converted to MOS 91B) from 13 September 2008 to 22 October 2010. 4. On 12 April 2011, he was discharged under honorable conditions. He completed 2 years, 9 months, and 12 days of active duty service during this period. 5. Item 11 (Primary Specialty) of his DD Form 214 shows the entry "91B1O WHEELED VEHICLE MECHA – 1 YRS 8 MOS//NOTHING FOLLOWS." REFERENCES: Army Regulation 635-5 (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 preparation of the DD Form 214. The instructions for item 11 stated to enter the titles of all MOS's served (clarified by the U.S. Army Human Resources Command to mean held) for at least 1 year from the Enlisted Record Brief and include the number of years and months served for each MOS. For time determination, 16 days or more count as a month. DISCUSSION: 1. The applicant's contention that item 11 of his DD Form 214 is incorrect appears to have merit. 2. The evidence shows he held MOS 63B1O/91B1O from 13 September 2008 until his discharge on 12 April 2011, a total of 2 years and 7 months. Item 11 of his DD Form 214 shows he held MOS 91B1O for 1 year and 8 months. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009202 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2