IN THE CASE OF: BOARD DATE: 22 February 2023 DOCKET NUMBER: AR20220003045 APPLICANT REQUESTS: correction to item 11 (Primary Specialty) on his enlisted and officer DD Forms 214 (Certificate of Release or Discharge from Active Duty) to reflect the following: * (enlisted, ending on 1 April 2009) “31D3P CID Special Agent – 5 YRS 0 MOS // 37F30 PSYOP SPEC 5 YRS 0 MOS // NOTHING FOLLOWS” * (officer, ending on 31 October 2020) 35D Intelligence Officer 3 YRS 10 MOS // 35E Counterintelligence Officer 5 YRS 2 MOS // 57A 1E Simulations Operations 2 YRS 2 MOS // NOTHING FOLLOWS APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Two (2) DD Forms 214 (Certificate of Release or Discharge from Active Duty) * U.S. Army John F. Kennedy Special Warfare Center and School certificate * U.S. Army Military Police School Diploma * Military Intelligence Basic Officer Leader Course Diploma * Counter Intelligence Officer Course Diploma * Simulation Operations Course certificate FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect: a. He has two DD Form 214, one as enlisted and one as an officer. On his first DD Form 214, item 11 (Primary Specialty) states, he was 31D3P CID Special Agent 4YRS 8MOS and 37F30 PSYOP SPEC 5YRS 2MOS. However, it should read 31D3P CID Special Agent 5YRS 0MOS and 37F30 PSYOP SPEC 5YRS 0MOS. b. On his second DD Form 214, item 11 (Primary Specialty) is inaccurate. It states he was a 57A 1E Simulations Operations 11YRS 7 MOS; however, he was in intelligence prior to being a simulations officer. Therefore, it should read 35D Intelligence Officer 3YRS 10 MOS, 35E Counterintelligence Officer 5YRS 2MOS, 57A 1E Simulations Operations 2YRS 2MOS. 3. The applicant provides: a. U.S. Army John F. Kennedy Special Warfare Center and School certificate reflects he was a graduate of the Psychological Operations Specialist Course (243- 37F10), 11 January 1999 to 1 April 1999. b. U.S. Army Military Police School Diploma reflects he successfully fulfilled the requirements of the Apprentice CID Special Agent Course, 8 January 2004 to 23 April 2004. c. Military Intelligence Basic Officer Leader Course Diploma reflects he successfully fulfilled the requirements of instruction prescribed for the Military Intelligence Basic Officer Leader Course (3-30-C20) (PH3), 6 June 2009 to 22 September 2009. d. Counter Intelligence Officer Course Diploma reflects he was graduate of the Counter Intelligence Officer Course (3C-35E), 1 April 2013 to 23 July 2013. e. Simulation Operations Course certificate reflects he successfully completed the Simulation Operations Course (18-003), 18 June to 10 August 2018. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 7 October 1998 for a period of four (4) years. b. His DD Form 214 shows he was honorably discharged on 1 April 2009, under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-1a, accept commission or warrant in the Army. He served 10 years, 5 months, and 25 days of net active service this period. It also shows in: * Item 4a (Grade, Rate or Rank): SSG * Item 4b (Pay Grade): E06 * Item 11 (Primary Specialty): 31D3P CID Special Agent – 4 YRS 8 MOS // 37F3O Psyop Spec – 5 YRS 2 MOS * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Army Commendation Medal (ARCOM) (2d award) Army Achievement Medal (AAM) (2d award) Army Good Conduct Medal (AGCM) (3d award) National Defense Service Medal (NDSM) Global War on Terrorism Service Medal (GWOTSM) Army Service Ribbon (ASR) Overseas Service Ribbon (OSR) Parachutist Badge Secretary of Defense Identification Badge c. On 2 April 2009, he took the Oath of Office as a second lieutenant, Regular Army, Military Intelligence. d. DA Form 1059 (Service School Academic Evaluation Report), dated 22 September 2009, reflects he successfully completed the Military Intelligence Officer Leader Course (3-30-C20 09-501), from 15 June 2009 thru 22 September 2009. e. DA Form 1059, dated 22 July 2013, reflects he successfully completed the CI Officer Course (3C-35E), from 1 April 2013 thru 23 July 2013. f. DA Form 1059, dated 21 February 2014, reflects he successfully completed the Military Intelligence Captains Career Course (13-009), from 9 September 2013 thru 21 February 2014. g. DA Form 1059, dated 21 May 2014, reflects he successfully completed the 3B- 35G Signals Intelligence Officer Course, from 15 April 2014 thru 21 May 2014. h. DA Form 1059, dated 9 August 2018, reflects he successfully completed the Simulation Operations Course (18-003), from 18 June 2018 thru 10 August 2018. i. His DD Form 214 shows he was honorably retired on 31 October 2020, under the provisions of AR 600-8-24 (Officer Transfers and Discharges), Sufficient Service for Retirement. He served 11 years, 6 months, and 29 days of net active service this period and 10 years, 5 months, and 25 days of total prior active service. It also shows in: * Item 4a (Grade, Rate or Rank): MAJ * Item 4b (Pay Grade): OO4 * Item 11 (Primary Specialty): 57A – 11 YRS 7 MOS * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): Office of The Secretary of Defense Identification Badge Bronze Star Medal Meritorious Service Medal (2d award) Joint Service Commendation Medal (2d award) ARCOM (6th award) AAM (2d award) NATO Medal Joint Meritorious Unit Award Meritorious Unit Commendation Valorous Unit Award AGCM (3d award) NDSM Global War on Terrorism Expeditionary Medal GWOTSM (2d award) Afghanistan Campaign Medal, with 2 campaign stars Noncommissioned Officer Professional Development Ribbon ASR OSR (2d award) Parachutist Badge 5. AR 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records, the Board found sufficient evidence that administrative corrections were warranted on the applicant’s DD Form 214. Therefore, the Board granted relief to correct the applicant’s records to reflect his primary specialty on both his enlisted and officer DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 1 April 2009: a. Enter in item 11 (Primary Specialty): 31D3P CID Special Agent 5YRS 0MOS b. Enter in item 11(Primary Specialty): 37F30 PSYOP SPEC 5YRS 0MOS //NOTHING FOLLOWS// As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 31 October 2020: a. Enter in item 11 (Primary Specialty): 35D Intelligence Officer 3YRS 10 MOS b. Enter in item 11 (Primary Specialty) 35E Counterintelligence Officer 5YRS 2MOS c. Enter in item 11 (Primary Specialty) 57A 1E Simulations Operations 2YRS 2MOS //NOTHING FOLLOWS// 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, 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 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. 2. Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active military service or control of the Army. It establishes standardized policy for preparing and distributing DD Form 214 (Certificate of Release or Discharge from Active Duty). a. Paragraph 2-3a states, approval documentation must be present for transition processing to occur. All source documents should be in place to complete the DD Form 214WS. If approval documentation is not present in a Soldier's records, action will be coordinated with the necessary activity (personnel service division, Assistant Chief of Staff for Personnel/Adjutant General or chain of command) for proper source documents. b. Paragraph 2-3b states, use the following documents when preparing a DD Form 214WS (worksheet): * Enlisted record brief (ERB) (computer generated) * DA Form 4037 (Officer Record Brief) (ORB) (computer generated) * Separation approval authority documentation, if applicable * Separation order * Any other document authorized for filing in the Official Military Personnel File c. Paragraph 2-4h provides detailed instructions and source document(s) for completing each block of the DD Form 214. Block 11 (Primary Specialty) will be taken from the ERB/ORB, enter the titles of all MOS or 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 AIT. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009691 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20220009691 1 1 ABCMR Record of Proceedings (cont) AR20220003045 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1