BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160000620 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: 17 August 2017 DOCKET NUMBER: AR20160000620 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: a.  deleting the entry, "11B10 INFANTRYMAN – 2 YRS 0 MOS" from block 11 his DD Form 214 for the period ending 16 November 2005 and b.  adding the entry, "19K10 M1 ARMOR CREWMAN, 1 YEAR, 2 MONTHS, AND 18 DAYS" to block 11 of his DD Form 214 for the period ending 16 November 2005. 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 adding completion of the 19K10 Phase I M1 Armor Crewman Course and the 19K Phase II M1A1 Armor Crewman Course to his DD Form 214 for the period ending 16 November 2005. _____________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: 17 August 2017 DOCKET NUMBER: AR20160000620 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) for the period ending 16 November 2005 to show in block 14 (Military Education), his completion of the following courses: * 19K10 Phase I M1 Armor Crewman * 19K Phase II M1A1 Armor Crewman 2. The applicant states omission of the completed courses was an administrative error. It is only fair to be credited for the time, effort, and dedication he showed while completing the schooling. He deserves to have his efforts rewarded appropriately. 3. The applicant provides: * two DA Forms 1059 (Service School Academic Evaluation Report) * email * DD Form 220 (Active Duty Report) * DA Form 4187 (Personnel Action), dated 20 June 2008 * Headquarters, 1st Battalion, 112th Infantry (Mechanized), Orders 243-06, dated 30 August 2004 * DD Form 214 * Camp Shelby Joint Forces Training Center Orders 274-0005, dated 30 September 2008 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 Pennsylvania Army National Guard (PAARNG) on 3 February 2003 for a period of 6 years. 3. On 31 July 2003, he was ordered to active duty training. 4. On 14 November 2003, he was released from active duty due to completion of training and he was awarded primary MOS 11B (Infantryman). 5. His DA Form 4187 (Personnel Action), dated 4 February 2004, shows a change in his duty position from MOS 11B to MOS 19K was initiated and verified. 6. He completed the following training: * 19K10 Phase I MOS Reclassification Course (Armor Crewman/M1) during the period 10 January 2004 through 6 June 2004 * 19K Armor Crewman (M1/M1A1) Reclassification Couse during the period 14 August 2004 through 28 August 2004 7. Headquarters, 1st Battalion, 112th Infantry (Mechanized), Orders 243-06, dated 30 August 2004, awarded him duty MOS 19K and withdrew MOS 11B effective the same date. 8. On 18 October 2004, he was ordered to active duty in primary MOS 19K as a member of his Reserve Component unit for a period not to exceed 433 days in support of Operation Iraqi Freedom. 9. On 16 November 2005, he was honorably released from active duty due to completion of required active service and transferred to his unit. He completed 1 year and 29 days of creditable active military service for this period. His DD Form 214 for this period shows, in part, in: * block 11 (Primary Specialty) – 11B10 Infantryman, 2 years and 0 months * block 14 (Military Education) – None 10. His records do not show that he completed any military education during the period 18 October through 16 November 2005. 11. He provided a DA Form 4187, dated 20 June 2008, showing he was involuntarily extended due to Stop Loss. 12. Department of Military and Veterans Affairs, Adjutant General Orders 254-066, 10 September 2008, show that on 19 September 2008, he was ordered to active duty as a member of his Reserve Component unit in support of Operation Iraqi Freedom for a period not to exceed 400 days. 13. Camp Shelby Joint Forces Training Center Orders 274-0005, dated 30 September 2008 released him from active duty effective 1 October 2008. 14. Department of Military and Veterans Affairs, Adjutant General Orders 276-369, dated 2 October 2008, amended General Orders 254-066, dated 19 September 2008, same Headquarters, to show his period of active duty as 19 September 2008 to 1 October 2008. 15. On 2 February 2009, he was honorably discharged from the PAARNG and transferred to the U.S. Army Reserve Control Group (Annual Training). The MOS training he completed while he was a member of the PAARNG is recorded in item 12 (Military Education) of his National Guard Bureau Form 22 (Report of Separation and Record of Service). REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. Instructions stated for: a.  block 11, from the Enlisted Record Brief, enter the titles of all MOS 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. For an enlisted Soldier, also specify the first 5 characters of the primary MOS code, which includes the 3 characters of the MOS, the fourth character of skill and grade level in the MOS, and the fifth character of a special qualification identifier, if applicable. b.  block 14, from the Enlisted Record Brief, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. DISCUSSION: 1. The applicant completed training and he was awarded primary MOS 11B on 14 November 2003. 2. He completed the 19K10 Phase I M1 Armor Crewman Course on 6 June 2004 and the 19K Phase II M1A1 Armor Crewman Course on 28 August 2004. 3. On 30 August 2004, his primary MOS 11B was withdrawn and he was awarded MOS 19K. 4. His DD Form 214 for the period ending 16 November 2005 shows the incorrect MOS since he did not serve in MOS 11B for at least 1 year. His MOS should have been listed as MOS 19K10, 1 year, 2 months, and 18 days. 5. He was ordered to active duty for the period 18 October 2004 through 16 November 2005 and his records do not show he completed any military education training during this period of active service. 6. There is no regulatory basis for entering his MOS 19K training on his final DD Form 214. It is noted, however, that this MOS training is properly documented on his National Guard Bureau Form 22. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR2016000062 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000620 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2