IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150012261 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: 19 July 2016 DOCKET NUMBER: AR20150012261 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: a. deleting all entries in Item 11 of the applicant’s DD Form 214; and b. adding to Item 11: * 11M3P Fighting Vehicle Infantryman – 10 years 10 months * 92Y4O Unit Supply Specialist - 8 years 10 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: 19 July 2016 DOCKET NUMBER: AR20150012261 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 military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) 2. The applicant states he understood that when he was reclassified due to his medical condition, MOS 92Y (Unit Supply Specialist) was to be his primary MOS. 3. The applicant provides copies of: * A DD Form 4 (Enlistment/Reenlistment document) dated 14 June 1989 with enclosures (13 pages) * Orders 076-17, Fort Carson, Colorado, dated 22 November 1993 * Orders 323-301, Fort Hood, Texas, dated 20 November 1997 * Order Number 192-34, U.S. Army Human Resources Command (HRC) dated 11 July 2007 * Ten DA Forms 2166-7 (NCO Evaluation Report) for rated periods between December 1993 and January 2001 * A DA Form 2166-8 (NCO Evaluation Report) for the rated period February to July 2002 * A DA Form 1059 (Service School Academic Evaluation Report) dated 12 November 1993 * A DA Form 1059 (Service School Academic Evaluation Report) dated 18 June 1997 * A DA Form 1059 (Service School Academic Evaluation Report) dated 6 September 2002 * A Memorandum, subject: Record of MOS/Medical Retention Board Proceedings, dated 9 July 2001 with enclosures (17 pages) * Orders 239-523, Fort Carson, Colorado, dated 27 August 2001 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. On 11 June 1990, the applicant enlisted in the Regular Army. He contracted for training in career management field 11 (Infantry) with follow-on airborne training. He was subsequently awarded MOS 11M1O. 3. Orders 076-17, Fort Carson, Colorado, dated 22 November 1993, announced the applicant’s promotion to sergeant in MOS 11M2O, effective 1 December 1993. 4. Orders 323-301, Fort Hood, Texas, dated 20 November 1997, announced the applicant’s promotion to staff sergeant in MOS 11M3P, effective 1 December 1993. MOS 11M2P was withdrawn. 5. Orders 239-523, Fort Carson, Colorado, dated 27 August 2001, announced the applicant’s award of MOS 92Y3P and withdrawal of 11M3P, effective 17 August 2001. 6. Orders Number 192-34, HRC, dated 11 July 2007, announced the applicant’s promotion to sergeant first class in MOS 92Y4O effective 1 August 2007. 7. On 30 June 2010, the applicant was retired due to sufficient service. His DD Form 214 shows in Item 11 (Primary Specialty): 92Y4O 4A Unit Supply Specialist – 19 years 8 months. REFERENCES: Army Regulation 635-5 (Separation Documents) as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.  It stated the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provide a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 11 (Primary Specialty) is to show an entry for all MOS served for at least 1 year and to include the number of years and months served. For time determination, 16 or more days count as a month. Basic training (8 weeks) and advanced individual training (8-12 weeks) time does not count. For enlisted Soldiers, the first five characters of the MOS are to be shown along with the title and time served. DISCUSSION: 1. The applicant contends his DD Form 214 should be corrected to show his infantry MOS. 2. The available evidence shows that the applicant enlisted in 1990 for duty as an infantryman. He subsequently was awarded MOS 11M with airborne qualification. Accordingly, it appears he held MOS 11M and parachutist qualification for approximately 10 years and 10 months ending on 17 August 2001, when it was withdrawn and replaced with MOS 92Y. 3. When the applicant retired at the end of June 2010, he had held MOS 92Y for 8 years and 10 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) AR20150012261 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012261 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2