BOARD DATE: 17 November 2011 DOCKET NUMBER: AR20110011330 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 16 March 2005 to show in block 11 (Primary Specialty) the correct years and months he served in his primary specialty. 2. The applicant states his DD Form 214 does not reflect his correct amount of time served in his primary specialty. 3. The applicant 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 (USAR) on 27 June 1990. He was ordered to active duty training (ADT) on 5 July 1990. He completed his basic training at Fort Dix, NJ and his advanced individual training (AIT) as a food service specialist at Fort Lee, VA before being released from ADT on 16 November 1990. 3. He continued to serve in the USAR through a series of continuous reenlistments. On 7 December 2003 he was ordered to active duty in support of Operation Iraqi Freedom and he deployed to Kuwait/Iraq from 9 February 2004 to 27 February 2005. 4. On 16 March 2005, he was honorably released from active duty (REFRAD) due to completion of required service. Block 11 of his DD Form 214 for this period of service reflects he had 9 years and 5 months in the primary specialty of 92G1O – Food Service Operations. 5. The applicant served as a food service specialist from 16 November 1990 to 16 March 2005, a period of 14 years and 4 months. 6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation establishes standardized policy for the preparation of the DD Form 214. It states: a. the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. b. for block 11, from the Soldier's records, enter the titles of all MOS's 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 AND CONCLUSIONS: 1. The applicant’s contention that his DD Form 214 should be corrected to reflect the correct amount of time served in his primary specialty has been carefully considered. 2. Records show the applicant served in his same primary specialty for a period of 14 years and 4 months throughout his continuous active and inactive service. His DD Form 214 for the period 7 December 2003 through 16 March 2005 shows he completed 1 year, 3 months, and 10 days of creditable active service during the period covered by the DD Form 214. Block 11 of this DD Form 214 reflects he served in his MOS for 9 years and 5 months. 3. Army policy provides that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It also provides that block 11 of the form will show each MOS served (i.e., held) in during the period covered by the DD Form 214 in terms of the number of years and months served in each MOS. 4. In view of the fact that the applicant was only mobilized for a period of 1 year, 3 months, and 10 days and that he held MOS 92G for this entire period, the correct entry that should have been placed in block 11 of his DD Form 214 for the period ending 16 March 2005 is "92G1O FOOD SERVICE OPERATIONS-- 01 YRS--03 MOS//NOTHING FOLLOWS." 5. Although it appears that an administrative error was made in the issuance of his DD Form 214 for this period of service, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board. For this reason, the Board will not take any action to effect the administrative change to correct block 11 of his DD Form 214. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x___ ___x_____ ___x_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Global War on Terrorism are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms. ___________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. ABCMR Record of Proceedings (cont) AR20110011330 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110011330 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1