BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017710 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 BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017710 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 amending his DD Form 214 for the period ending on 9 July 2008 by deleting from item 11 "52D2O Power Generator Equipment Repairer - 11 years 8 months" and adding to item 11: * 31B2O Military Police – 7 years, 9 months, and 5 days * 52D2O Power Generator Equipment Repairer – 8 years and 6 months" 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 showing he served 11 years and 8 months in MOS 31B. _____________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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017710 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 2008 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his military occupational specialty (MOS) as 31B (Military Police) and that he served in it for 11 years and 8 months. 2. He states he completed Military Police School in July 1994, and served the remainder of his enlistment in MOS 95B which was later converted to 31B. He adds he reenlisted in MOS 31B in June 2003. 3. He 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 enlisted in the U.S. Army Reserve on 19 January 1989. On 6 December 1990, he was ordered to active duty in support of Operation Desert Shield/Desert Storm. He was released from active duty on 4 September 1991, and credited with completing 8 months and 29 days of active duty service. 3. His DD Form 214 and DD Form 215 (Correction to DD Form 214) for the period ending on 4 September 1991 show in Item 11 (Primary Specialty) "52D Power Generation Equipment Repairer – 00 years 09 months." 4. On 23 August 1993, he enlisted in the Army National Guard (ARNG). 5. A DA Form 1059 (Service School Academic Evaluation Report) shows he attended and successful completed the Military Police Course from 20 November 1993 to 12 May 1994. 6. A National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows he was honorably discharged from the Texas ARNG on 17 January 1997. He held MOS 95B for 2 years, 8 months, and 6 days from his school completion date until his date of discharge. 7. An enlistment/reenlistment document, dated 22 May 2003, shows the applicant reenlisted on 11 June 2003 for 1 year in MOS 95B. 8. Orders 243-1013, issued by Texas Military Force, ARNG, dated 31 August 2006, awarded him primary (P) MOS 52D1O and secondary (S) MOS 95B1O effective 15 January 2005. 9. Orders 243-1018, issued by Texas Military Force, ARNG, dated 31 August 2006, promoted him to sergeant (SGT)/E-5 effective 1 January 2006. He was awarded PMOS 52D2O and SMOS 95B2O. 10. On 25 June 2007, he was ordered to active duty in support of Operation Iraqi Freedom. He served in Iraq from 8 September 2007 to 12 June 2008. 11. Orders 206-1005, issued by Texas Military Force, ARNG, dated 25 July 2007, awarded him PMOS 31B20 and SMOS 52D20 effective that same day. 12. On 9 July 2008, he was released from active duty and credited with completing 1 year and 15 days of active duty service. His DD Form 214 for this period shows in item 11: 52D20 Power Generator Equipment Repairer, 11 years and 8 months. 13. The period of service from his date of enlistment (11 June 2003) until his date of discharge (9 July 2008) is equivalent to 5 years and 29 days. 14. The applicant's official military personnel file is void of a copy of his Enlisted Record Brief (ERB) or DA Form 2-1 (Enlisted Qualification Record). 15. On 21 January 2015, he was honorably retired due to disability. He was credited with 7 years and 8 months of active duty service for a disability retirement and 19 years, 7 months, and 11 days credit for basic pay. REFERENCES: 1. Military Personnel Message Number 03-124, issued 1 April 2003, announced that all Soldiers classified in MOS 95B would be reclassified to MOS 31B. The reclassification would be accomplished and changes made in local personnel records during the 1 August to 30 September 2003 reclassification window. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The regulation stated that 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. The regulation requires the preparer to enter in Item 11, from the ERB the titles of all MOSs served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the ARNG on 23 August 1993 and successfully completed the 95B course on 12 May 1994. He was subsequently released from the ARNG on 17 January 1997. He held MOS 95B a total of 2 years, 8 months, and 6 days prior to his discharge. 2. On 11 June 2003 he reentered the ARNG in MOS 95B. Although the evidence shows from 15 January 2005 to 25 July 2007, he held MOS 52D as his PMOS, at the time of his release from active duty on 9 July 2008 his PMOS was 95B. Therefore, he held 31B as either a PMOS or a SMOS from 11 June 2003 through 9 July 2008, a total of 5 years and 29 days. 3. His combined total for service in primary specialty 31B is 7 years, 9 months, and 5 days (2 years, 8 months, and 6 days prior to reenlistment and 5 years and 29 days prior to discharge). 4. Likewise, he would have served in 52D either as a PMOS or as SMOS for 7 years, 9 months, and 5 days (the same period of his qualification in MOS 31B) plus the additional 9 months from his previous DD Form 214 for the ending period 4 September 1991 for a total of 8 years and 6 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) AR20150017710 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017710 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2