ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 4 October 2019 DOCKET NUMBER: AR20170008807 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: • block 11 (Primary Specialty) change the number of years and months for his military occupational specialty (MOS) 31B3P (Military Police) from 7 YRS 11 MOS to 9 YRS 2 MOS and change MOS 11B2O to 11B2P • block 12c (Net Active Service this Period), correct total of net active service • block 14 (Military Education), add military working dog handler course and combatives level I course APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • certificate of training • enlisted record brief (ERB) • DD Form 214 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 is missing two schools, his length of service for MOS 31B3P, and his length of service are incorrect on his DD Form 214. 3. The applicant provided his certificate of training for the military working dog handler course received on 21 February 2008 from the U.S. Air Force (USAF), Technical Training School, Lackland AF Base, TX. 4. A review of the applicant’s service record shows: a. Having had prior service, he enlisted in the Regular Army on 2 May 2006. b. His DD Form 214 for period 1 July 1992 to 29 September 1997, shows in: • block 11, 11M2P FV Infantryman 3 YRS 07 MOS and 11B2O Infantryman 4 YRS 10 MOS • block 18 (Remarks), Parachutist Badge c. His ERBs dated 14 April 2014 and 16 July 2015 shows in section VI (Military Education), Combatives Level I 2009 and Airborne 2001. e. On 15 July 2015, he was dishonorably discharged from active duty. He completed 7 years, 11 months, and 6 days of net active service this period. His DD Form 214 shows in: • block 11 (Primary Specialty) 31B3P Military Police 7 YRS 11 MOS and 11B2O Infantryman 5 YRS 3 MOS • block 12c (Net Active Service this Period), 0007 11 06 • block 14 (Military Education) • Airborne, 3 Weeks, 2001 • Basic Noncommissioned Officers Course (BNCOC), 6 Weeks, 2010 • Bradly Fighting Vehicle Trans Training Course, 3 Weeks, 2001 • Combat Life Savers Course, 1 Week, 2011 • Primary Leadership Development Course, 4 Weeks, 2001 • Ranger Indoctrin Program, 3 Weeks, 2001 • Unit Armorer Training, 2 Weeks, 2001 • VCK-Unknown, 1 Week, 2009 • block 29 (Dates of Time Lost During this Period), Under 10 USC 972: 20140408-20150715 5. Army Regulation 635-5 (Personnel Separations - Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on completing the DD Form 214. It states for: a. Block 11 (Primary Specialty), enter from ERB/officer record brief (ORB), enter the titles of all MOS or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC 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. b. Block 12c (Net Active Service this Period), enter amount of service this period, computed by subtracting item 12a from 12b. Lost time under 10 USC 972 and noncreditable time after expiration of term of service, if any, are deducted. Such time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter "" c. Block 14 (Military Education), from ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. 6. The Parachutist Badge is identified in the enlisted MOS with special qualification identifier “P”. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The evidence provided shows he completed the requested military education during the period covered by the DD Form 214; however, the course is not listed. Block 12c of his DD Form 214 shows the correct net active service for the period covered by the form. The separation document spans 9 years, 2 months, and 14 days. When subtracting his lost time of 1 year, 3 months, and 8 days, his net service equals 7 years, 11 months, and 6 days. Finally, the Board agreed evidence of record shows he did not serve as an Infantryman during the period covered by the DD Form 214, and that the entry on the form erroneously reflects time served in that MOS during a previous period of active service. Furthermore, his military education shows courses completed outside the period covered by the form. The Board agreed not to make him worse off by deleting the entries. 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 block 14 of his DD Form 214 for the period ending 15 July 2015 by adding the entry “Military Working Dog Handler Course, 11 Weeks, 2008.” 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 amending his primary specialty and net active service this period. X __________ 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 635-5 (Personnel Separations - Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on completing the DD Form 214. It states for: a. Block 11 (Primary Specialty), enter from ERB/officer record brief (ORB), enter the titles of all MOS or area of concentration (AOC) served for at least 1 year and include for each MOS/AOC 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. b. Block 12c (Net Active Service this Period), enter amount of service this period, computed by subtracting item 12a from 12b. Lost time under 10 USC 972 and noncreditable time after expiration of term of service, if any, are deducted. Such time will be identified in block 18. If Soldier was released from active duty because of voided enlistment, enter "00 00 00." c. Block 14 (Military Education), from ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses.) Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the course description in DA Pam 351-4 (U.S. Army Formal Schools Catalog) to determine its usefulness to the soldier after transitioning from the Army. 3. Army Regulation 600-8-22 (Military Awards), in effect at the time, prescribes policies and procedures for military awards and decorations. Award of the basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170008807 ABCMR Record of Proceedings (cont) AR20170008807 1 5 1