BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160015781 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: 8 August 2018 DOCKET NUMBER: AR20160015781 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 2008 DD Form 214 as follows: * deleting the entry in block 11 in its entirety * adding to block 11 – * 79R4O, Recruiter – 10 years, 10 months * 31B2O, Military Police – 4 years, 6 months * 11M1O, Infantry – 4 years 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 anything but the aforementioned corrections. ______________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: 8 August 2018 DOCKET NUMBER: AR20160015781 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 to his DD Form 214 (Certificate of Release or Discharge) to show all his primary and additional military occupational specialties (MOS) as follows: * 79R4O, Recruiter – 10 years, 11 months * 31B2O, Military Police – 5 years, 1 month * 11M1O, Infantry – 3 years * Total MOS service 20 years and 22 days (based on computation of service) 2. The applicant states block 11 (Primary Specialty) of his DD Form 214 is incorrect for it omits his Infantry specialty. The Department of Veterans Affairs (VA) questions his combat experience due to the omission of his Infantry MOS on his DD Form 214. The VA also questions his entitlement to the Combat Infantryman Badge due to the omission of MOS 11M on his discharge document. 3. The applicant provides his DD Form 214 and Enlisted Record Brief. 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. On 29 January 1988, the applicant enlisted in the Army Reserve in the delayed entry program. In the process of enlisting a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) was completed by a government official and authenticated by the applicant. He enlisted under the U.S. Army Cohort Enlistment Program for career management field 11 (Infantry). 3. On 9 February 1988, the applicant enlisted in the Regular Army for a period of 3 years. He attended and completed his initial entry training and was awarded MOS 11M (Fighting Vehicle Infantryman). 4. A review of his Enlisted Record Brief, dated 23 July 2007, shows he reported to Fort Hood, TX on 1 June 1988 and was assigned to Company A, 4th Battalion, 41st Infantry, 2nd Armored Calvary Division. 5. On 25 June 1990, he reenlisted in the Regular Army for a new career management field 95 (Military Police). He agreed to attend an Army Service School to complete the training requirements for military police. 6. Orders 168-183 issued on 26 August 1992 promoted him to the rank of sergeant and awarded him primary MOS 95B with an effective date of 1 September 1992. He was concurrently assigned to the 545th Military Police Company, 1st Calvary Division located at Fort Hood, TX the same date. 7. Orders 152-00463 dated 1 June 1999 promoted him to the rank of staff sergeant and awarded him primary MOS 79R. 8. Orders Number 253-42 dated 10 September 2003 promoted him to the rank of sergeant first class in MOS 79R. 9. On 29 February 2008, the applicant was retired from the Regular Army for sufficient length of service. He was issued a DD Form 214 that contains the following information: * Block 11 – * 79R, Recruiter – 10 years and 11 months * 31B, Military police – 15 years and 6 months * Block 12c (Record of Service – Net Active Service This Period) – 20 years and 22 days * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Authorized or Awarded) – in pertinent part, the Combat Infantryman Badge * Block 18 (Remarks) – in pertinent part, service in Saudi Arabia from 10 October 1990 to 17 April 1991 (Persian Gulf War) 10. The applicant's electronic personnel record does not contain orders for his assignment history as shown on his Enlisted Record Brief or his initial entry training or his two advanced individual training courses for 11M and 95B. It also does not contain orders awarding him MOSs 11M or 95B (except as shown on his promotion orders). 11. The applicant provided a copy of his Enlisted Record Brief, dated 5 March 2005, and a copy is filed within his electronic military personnel record dated 23 August 2007, showing his primary MOS was 79R and his secondary MOS was 31B. (The enlisted military police career management field was designated number 31 by the Department of the Army during his period of service.) Section IX (Assignment Information) contains the following information in an abbreviated format: Time Period Time Duration MOS 1 June 1988 to 31 August 1992 48 months 4 years 11M 1 September 1992 to 30 March 1997 55 months 4 years, 6 months 95B 31 March 1997 to 9 February 2008 130 months 10 years, 10 months 79R REFERENCES: Army Regulation 635-5 (Personnel Separation – Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. a. It states to use the following documents when preparing a DD Form 214WS (Worksheet): * enlisted record brief – computer generated * separation approval authority documentation, if applicable * separation order * any other document authorized for filing in the official military personnel file b. For block 11, enter from the Enlisted Record Brief the MOSs and titles of the MOSs served for at least 1 years including the number of years and months served in an MOS. For time duration, 16 days or more counts as a month. Do not count basic training and advanced individual training. Specify the first five characters of the primary MOS code, which includes the three characters of the MOS, the fourth character of skill and grade, and the fifth character of a special qualification identified, if applicable. Enter "O" when not applicable. c. For block 12c, the amount of service this period is computed by subtracting block 12a (Date Entered Active Duty This Period) from block 12b (Separation Date This Period). DISCUSSION: 1. The applicant requests correction to block 11 of his 2008 DD Form 214 to show his period of Infantry service so he can attain VA benefits for his combat duties as an Infantryman during his service in the Persian Gulf War. 2. The applicant specifically requested the following corrections to match his total active service of 20 years and 22 days: * 79R4O, Recruiter – 10 years, 11 months * 31B2O, Military Police – 5 years, 4 month * 11M1O, Infantry – 3 years 3. The applicant entered active duty on 9 February 1988 and immediately entered initial entry training (basic and advanced individual training). He was assigned to his first duty station on 1 June 1988 per his Enlisted Record Brief. The duration between these two dates is 3 months and 23 days. In accordance with Army Regulation 635-5, a period in excess of 16 days is counted as 1 month. Therefore, it appears his initial entry training was 4 months. By regulation, this period is not included in Block 11 of the DD Form 214. 4. In the applicant's calculations, he included his initial entry training and advanced individual training, which by regulation are periods of service not included in the calculation of time served in an MOS. A review of the information found in his Enlisted Record Brief shows, in pertinent part, he served in three separate MOSs as follows: * 79R4O, Recruiter – 10 years, 10 months * 31B2O, Military Police – 4 years, 6 month * 11M1O, Infantry – 4 years 5. The applicant presumed Block 12c of his DD Form 214 should equal his time served in primary MOSs in Block 11. When one accounts for training, which is not included as time spent in an MOS, the period of time served as shown in Block 12c will not equate to total time served in MOSs (Block 11). //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160015781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160015781 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2