ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2019 DOCKET NUMBER: AR20160014406 APPLICANT REQUESTS: correction to his DD 214 (Certificate of Release or Discharge from Active Duty) * Item 11 correction from 89B10 to 89B408 because he was an sergeant first class (SFC) Ammunition Specialist and was instructor qualified * Item 11 should reflect 15 years and 2 months * Item 14 add Army Basic Instructor course * Item 14 add Advanced Noncommissioned Officers Course (ANCOC) * Item 18 add the Overseas Service Ribbon (3rd Award) * Item 18 add service in Iraq from 9 November 2009 to 17 November 2009 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, he was a SFC who completed the ANCOC and instructor training at Redstone Arsenal in 2010. He also states he served 15 years and 2 months, served in Iraq twice, and Korea once. 3. A review of the applicant service record shows: a. His DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) reflects he enlisted in the Regular Army on 12 September 1996. b. DA Form 2-1 (Personnel Qualification Record – Part II) item 17 is void of any information that shows the applicant attended the Army Basic Instructor course in 2010. Item 20 (Basic Enlisted Service) reflects 12 September 1996. Item 35 (Effective Date of Enlistment) reflects 12 September 1996. He attended basic training on 11 October 1996 and advanced individual training as a 55B00 (Ammunition Specialist). His DA Form 2-1 reflects MOS 55B until the form was no longer used to track information with the onset of the Enlisted Record Brief (ERB). His ERB is not available for the Board to review. c. DA Form 1059 (Service School Academic Evaluation Report) reflects the applicant completed the Ammunition Specialist ANCOC ON 18 June 2010 and block 5 reflects specialty/MOS 89B30 (Ammunition Specialist). d. He was discharged from active duty on 18 November 2011. His DD Form 214 shows that he was discharged with an under honorable conditions (General) character of service. Block 12a (Date Entered This Period) reflects 3 December 1997. He completed 13 years, 11 months, and 17 days of active service. Block 12f (Foreign Service) shows 3 years 7 months and 22 days of Foreign Service. * Item 11 (Primary Specialty) reflects 89B10 Ammunition Specialist 0 years 0 months * Item 14 (Military Education) reflects Ammunition Specialist phase 1 course 2 weeks 1996; Ammunition Specialist phase 2 course, 8 weeks, 1997; Basic Non Commission Officer course 8 weeks, 2008; Combat Life Savers course 1 week, 2004; Combatives Level 1, 2004; Combatives Level 2, 2005; Defense Logistic Instructor, 1 week, 2009; Defense Marking for Shipment, 2 weeks, 2002; Hazard Material Waste Handling 2 weeks, 2004; Primary Leadership Development Course, 4 weeks 2005; Finance Management Budget, 2 weeks 2002 * Block 18 ( Remarks) served in Iraq from 23 October 2006 to 11 January 2008 * Served in Kuwait from 16 December 2000 to 18 April 2001 e. DD Form 215(Correction to DD form 214, Certificate of Release or Discharge from Active Duty) dated 15 March 2014 reflected changes to the applicant’s requests: Deleted Iraq Campaign Medal with Campaign Star (2nd award) and added Iraq Campaign Medal with 3 Campaign Stars, Noncommissioned Officer Professional Development Ribbon with numeral 3 and service in Iraq from 1 January 2009 to 30 November 2009. 4. On 25 February 2014, the Army Board for Corrections of Military Records voted to grant full relief in the form of a DD Form 215. 5. On 21 March 2014 the Army Discharge Board voted to grant partial relief in the form of an upgrade of the characterization of service to general, under honorable conditions. The Board further determined the reason for discharge was both proper and equitable and voted not to change it. The board also stated he served 15 years 2 months and 7 days of total service. 6. Army Regulation 635-8 (Separation Processing and Documents) primary specialty enter the titles of all MOSs 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). Item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service. 7. AR 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon their retirement. It establishes standardized policy for the preparation of the DD form 214, which is a synopsis of the Soldier’s most recent period of continuous active duty. Item 11 of the DD Form 214, requires the entry of the MOS title and number of each MOS served for at least 1 year, and number of months served for each MOS. 8. AR 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 begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions and his military record was carefully reviewed. He did not provide any evidence to support his contentions. However, the Board agreed his reissued DD Form 214 should be corrected to show the following: a correct date of entry minus his time lost; a correction to his total active time of service for the period; correction to his time lost block; show 3 Overseas Service Ribbons to reflect his time in Korea and Iraq; and his time served in MOSs during the period. The Board determined there is insufficient evidence that shows he served his entire period of service as an 89B48 as he was a 55B and 89B at different skill levels, and time served in MOSs starts at the completion of advanced individual training. There is no evidence that shows he completed the instructor’s course. Finally, his other requested changes are without merit as he was issued a DD Form 215 showing the addition of his ANCOC, and Foreign Service. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 18 November 2011 by: a. Block 11 – adding 55B Ammunition Specialist, 5 years, 7 months; and 89B Ammunition Specialist, 9 years, 4 months; b. Block 12 – amend the following items to show: * 12a. – “1996 09 05” * 12c. – “15 02 00” * 12d. – “00 04 12” c. Block 13 – delete the Overseas Service Ribbon (2nd Award) and add the Overseas Service Ribbon (3rd Award); and d. Block 29 – add the entry “110307-110309” and “110326-110329” 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 any other requested relief. X CHAIRPERSON Signed by 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-8 (Separation Processing and Documents) primary specialty enter the titles of all MOSs 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. (1) For an enlisted Soldier, specify the first five characters of the military occupational specialty code (MOSC), which includes three 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. Enter “O” when not applicable. When MOSCs merge at skill level 5, or convert to another MOSC, make separate entries for the highest skill level in each MOSC held for at least 1 year. A single additional skill identifier may be listed immediately following the five-character MOSC. 3. AR 635-5 (Separation Documents) in effect 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 established standardized policy for the preparation of the DD Form 214. It stated 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. In Item 11 of the DD Form 214, in part, enter the titles of all MOS served for at least 1 year and include for each MOS the numbers and months served. For time determination, 16 days or more, count as a month. Do not count basic or advanced individual training. Item 12f enter the total amount of Foreign Service completed during the period covered by the DD Form 214. Item 18 for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)". 4. AR 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 begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS//