IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012079 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160012079 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________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: 23 May 2018 DOCKET NUMBER: AR20160012079 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 block 11 (Primary Specialty) his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he served 10 years and 8 months. 2. The applicant states he began his service on 1 October 2002 and was released from active duty on 28 May 2013, and he completed approximately 10 years and 8 months. He signed the document but somehow missed block 11. He believes anyone who looks at his DD Form 214 may notice the error and believe he is not being truthful. 3. The applicant provides: * DD Form 214 * Orders 073-1017 * DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement) 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 Regular Army on 1 October 2002. 3. The applicant retired honorably due to temporary disability on 27 May 2013. Block 11 of his DD Form 214 contains the following entry, “List number, title and years and months in specialty.” It contains the entry “13B3O CANNON CREWMEMBER – 9 YRS 8 MOS//NOTHING FOLLOWS.” 4. Block 12c (Net Active Service This Period) shows he completed 10 years, 7 months and 27 days net active service. 5. His record is void of orders, which grant him the military occupational specialty (MOS) of 13B (Cannon Crewmember); therefore, the effective date he was awarded the MOS is not available. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. For block 11: Primary Specialty, enter the titles of all MOS or areas of concentration (AOCs) awarded and held for at least 1 year during the current period of service and include for each MOS/AOC the number of years and months held. For time determinations, 16 or more days counts as a month. Do not count time in training (basic training, advanced individual training, Basic Officer’s Leader Course, or MOS-producing school). Primary specialty MOS or AOC is awarded by Service school completion or by publication of orders awarding the MOS or AOC. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR considers individual applications that are properly brought before it. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. The governing regulation states for block 11 of the DD Form 214, do not count time in training (basic training or advanced individual training). This is why there is a difference in his net active service time and the information listed in block 11. In addition, without the effective date listed on his MOS orders there is no way to verify the information. 2. The ABCMR begins its consideration of each case with the presumption of administrative regularity. In light of the foregoing, his request does not appear to be valid. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012079 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012079 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2