IN THE CASE OF: BOARD DATE: 29 August 2018 DOCKET NUMBER: AR20170000763 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: 29 August 2018 DOCKET NUMBER: AR20170000763 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: 29 August 2018 DOCKET NUMBER: AR20170000763 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 item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) by adding the military occupational specialty (MOS) 38A4O (Civil Affairs Specialist). 2. The applicant states his last MOS is not recorded on his DD Form 214 or DD Form 215 (Correction to DD Form 214). 3. The applicant provides: * two DD Forms 214 * DD Form 215 * DA Form 2-1 (Personnel Qualification Record) * DARP Form 249-2-E (Chronological Statement of Retired Points) 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 5 July 1977. He completed training and he was awarded MOS 71L (Administrative Specialist). 3. Upon the completion of his required active duty service, he was honorably released from active duty on 2 July 1981. 4. While a member of the U.S. Army Reserve, he was ordered to active duty in support of Operation Desert Shield/Desert Storm on 10 December 1990. He was honorably released from active duty on 27 June 1991. Item 11 of the DD Form 214 he was issued does not list MOS 38A4O. 5. The applicant provides a copy of his DA Form 2-1. Item 6 (MOSs) contains an entry indicating he held PMOS 38A4O effective 24 August 1992. REFERENCES: Army Regulation 635-5 (Separation Documents) prescribed the separation documents that were prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. 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. The regulation in effect at the time of the applicant's release from active duty contained item-by-item instructions for completing the DD Form 214. These instructions stated to enter their primary MOS code number and title in item 11. The source documents used were orders and the DA Form 2-1. DISCUSSION: The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. The available evidence shows the applicant assumed MOS 38A on 24 August 1992, well after his last period of continuous active duty, which ended on 27 June 1991. As such, the entry in item 11 of his DD Form 214 for the period ending 27 June 1991 is not in error. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000763 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000763 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2