IN THE CASE OF: BOARD DATE: 21 April 2011 DOCKET NUMBER: AR20100024858 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 the course he completed in law enforcement be entered on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 December 1978. In addition, he requests the military occupational specialty (MOS) 31B (Military Police) be added to his DD Form 214. During his period of service from 1974 to 1978 the MOS for military police was 95B. 2. The applicant states the MOS for military police and the completion of the Law Enforcement Course should have been entered in item 27 (Remarks) of his DD Form 214. 3. The applicant provides: * Certificate of Training for Law Enforcement * DD Form 214 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 completed a period of prior active service from 29 August 1969 through 28 July 1971. This service equals 1 year and 11 months. On 10 December 1974, he enlisted in the Regular Army for a period of 4 years and the Army Cash Bonus Enlistment Option for one of five infantry MOSs. He completed basic combat and advanced individual training and he was awarded MOS 11B which was one of the five infantry MOS's listed in his enlistment contract. 3. On 18 December 1975, he was assigned to A Company, 1st Battalion (Airborne), 505th Infantry at Fort Bragg, NC where he remained until he was discharged. 4. His DA Form 2-1 (Personnel Qualification Record) shows he completed the 224-hour Law Enforcement Course at Fort Bragg in 1977. The certificate he provided shows he attended the course from 14 February to 25 March 1977. 5. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the MOS for military police. A DA Form 2166-5 (Enlisted Evaluation Report) for the period September 1977 to August 1978 shows his primary MOS as 11B. His duties are listed as "Team Leader in infantry company." 6. He was discharged on 9 December 1978. He completed 4 years of active service that was characterized as honorable. His MOS in item 16a (Primary Specialty Number and Title) is shown as "11B2P." Item 27 does not show he completed the Law Enforcement Course. 7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Paragraph 2-7ah(12) stated formal in-service training courses successfully completed during the period of service covered by the DD Form 214 were to be listed in item 27. DISCUSSION AND CONCLUSIONS: 1. There are no orders in his MPRJ awarding him the MOS 31B or 95B. His last evaluation report shows his primary MOS as 11B and his duties were those of a team leader in an infantry company. Therefore, the evidence is insufficient to add MOS 31B to his DD Form 214. 2. His DA Form 2-1 and the certificate provided by the applicant show he completed the 224-hour course for Law Enforcement on 25 March 1977 at Fort Bragg. Therefore, it would be appropriate to add this course to his DD Form 214 with an effective date of 9 December 1978. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 adding to item 27 of his DD Form 214 with an effective date of 9 December 1978 the entry "Law Enforcement, 224 hours, 25 March 1977." 2. The Board further determined that 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 adding MOS 31B to his DD Form 214. __________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. ABCMR Record of Proceedings (cont) AR20100024858 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100024858 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1