IN THE CASE OF: BOARD DATE: 9 April 2009 DOCKET NUMBER: AR20090001119 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 his primary specialty as 91B (Medical Specialist). 2. The applicant states, in effect, that he completed the medical specialist course, but his military occupational specialty (MOS) is not listed on his DD Form 214. 3. The applicant provides a copy of his DD Form 214, dated 18 February 2002; a copy a certificate, dated 1 June 2001, showing completion of the medical specialist course; a copy of a certificate of training, dated 1 June 2001, showing completion of emergency medical technician (EMT) certification; and a copy of a certificate of affiliation with the U.S. Army Medical Department Regiment, in support of his request. 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's records show he enlisted in the U.S. Army Reserve (USAR) on 15 September 2000. He subsequently entered active duty for training on 5 October 2000, completed basic combat training at Fort Jackson, SC, on 18 March 2001, and proceeded to Fort Sam Houston, TX, on 26 March 2001, where he attended and completed the 10-week medical specialist course on 1 June 2001. 3. The applicant's records further show that upon completion of advanced individual training, he was not released from active duty to the control of his USAR unit. The facts and circumstances pertaining to his remaining on active duty are not available for review with this case. However, his DD Form 214 shows that he was honorably discharged on 18 February 2002 by reason of disability with entitlement to severance pay. 4. Item 11 (Primary Specialty) of the DD Form 214 he was issued shows the entry "None//Nothing Follows" and item 14 (Military Education) shows he completed the 10-week medical specialist course in June 2001. 5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. This regulation specifies that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. The DD Form 214 is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Item 11 of the DD Form 214 reflects the primary specialty. This Item contains titles of all MOS served for at least 1 year and includes for each MOS the number of years and months served. Item 14 shows the Soldier’s Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This item includes title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 6. On 24 September 2008, by email, a Transition Policy Analyst at the U.S. Army Human Resources Command (the proponent of Army Regulation 635-5) advised that for Regular Army enlisted Soldiers, item 11 of the DD Form 214 shows the MOS that was awarded, either by service school attendance or orders awarding the MOS. DISCUSSION AND CONCLUSIONS: The evidence of record shows the applicant completed the required training for MOS 91B in June 2001 and he held the MOS until he was discharged in February 2002. There is no evidence that he worked in this MOS. However, he held the MOS for 9 months and 00 days; therefore, he is entitled to correction of his DD Form 214 to show this. BOARD VOTE: ___X____ ___X____ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 entry "None//Nothing Follows" from item 11 of the applicant's DD Form 214 and adding the entry "91B Medical Specialist - 00 years 09 months//Nothing Follows." XXX _______ _ _______ ___ 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) AR20090001119 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090001119 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1