IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080002468
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 of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show his military police investigator training and his foreign service in the Republic of Korea.
2. The applicant states that his DD Form 214 does not show all of his training and foreign service.
3. The applicant provides copies of his DD Form 214 and orders issued to him while serving in the Republic of Korea.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 23 July 1976, the applicant enlisted in the Regular Army for 4 years. He completed his initial training and was awarded military occupational specialty (MOS) 95B (Military Police).
3. On 10 November 1976, the applicant was assigned for duty as a military policeman with the 260th Military Police Company in the Republic of Korea. He was reassigned locally to the 557th Military Police Company on 19 October 1977. He returned to the United States on 16 November 1977 and was assigned for duty as a military policeman at Fort McClellan, Alabama.
4. During the period from 18 April through 14 June 1979, the applicant attended the Military Police Investigator Course at Fort McClellan, Alabama. He was subsequently awarded additional skill identifier (ASI) V5 denoting his skill as a military police investigator.
5. On 11 November 1979, the applicant was promoted to sergeant, pay grade
E-5, in MOS 95B2OV5 (Military Police Investigator).
6. On 22 July 1980, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement). He had attained the rank of sergeant, pay grade E-5, and had completed 4 years of creditable active service.
7. Item 11 (Primary Specialty) of the applicants DD Form 214 shows his MOS as 95B2OVS (sic), Military Policeman, 3 years and 8 months. Item 12 (Record of Service) of the same form shows no service in block 12f (Foreign Service). Item 14 (Military Education) shows that he completed the Law Enforcement Course and the Patrol Dog Handler Course. It does not show that he completed the Military Police Investigator Course in June 1979.
8. Army Regulation 635-5 (Separation Documents), provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that foreign service will be recorded in Item 12f (Foreign Service) and that military training, other than combat skills training, will be recorded in Item 14 (Military Training).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant served in the Republic of Korea from 10 November 1976 through 16 November 1977, a period of 1 year and 7 days.
2. Furthermore, the record of evidence clearly shows that the applicant completed the Military Police Investigator Course and was awarded ASI V5.
3. In view of the above, the applicants request should be granted.
BOARD VOTE:
____X___ ___X____ ___X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned, in particular, his DD Form 214, be corrected by:
a. showing in Item 11 (Primary Specialty): 95B2OV5, Military Police Investigator, 3 years and 3 months;
b. showing in Item 12f (Foreign Service): 1 year and 7 days; and
c. adding in Item 14 (Military Training): Military Police Investigator Course, 8 weeks, June 1979.
__________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) AR20070016793
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