IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080008781
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:
a. Item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show "95B (Military Police);
b. Item 14 (Military Education) of her DD Form 214 be corrected to show she completed military police training; and
c. all awards and decorations to which she is entitled.
2. The applicant states, in effect, that she completed training in MOS 95B prior to her discharge.
3. The applicant provides a copy of her DD Form 214 and a copy of a letter from her unit commander regarding her separation.
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. The applicant served in the Regular Army from 19 November 1996 through
30 May 1997. She was discharged under the provisions of Army Regulation
635-200, chapter 5-11, for failure to meet procurement medical fitness standards. She completed 6 months and 12 days of active Federal service.
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that she successfully completed the 10-week military police course (95B) at Fort McClellan, Alabama. The date she completed the training is not shown in her official record and there are no orders awarding her the MOS.
4. A 21 May 1997 letter from the applicant's unit commander indicates that the applicant completed class 004-97 in MOS 95B and that she was a holdover awaiting for her security clearance. She was recommended for separation from the Army based on her pre-service history of depression and ongoing symptoms. There is no evidence to show the applicant performed any duty in her assigned MOS.
5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed policies and procedures regarding separation documents (DD Form 214/5). Item 11 listed the MOS codes, titles, years, and months for enlisted personnel. Do not count basic training and advanced individual training. Item 14 listed in-service training courses; title, number of weeks and year successfully completed during the period of service covered in the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant apparently completed training in MOS 95B, she was discharged soon after completion of the course, and it is unlikely that she was ever assigned or performed any military police duties. There is also no evidence showing the date of her completion of the MP training course and there are no orders assigning her the MOS. As such, it would be impossible to make the proper entries on her DD Form 214 regarding the length of time she held the MOS and whether she performed duties as a 95B. Therefore, there is insufficient evidence upon which to make this change to her DD Form 214.
2. Notwithstanding the above, she apparently completed the training course in MOS 95B and she is entitled to have this training entered in Item 14 of her DD Form 214.
3. The applicant completed initial entry training and is entitled to award of the Army Service Ribbon.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xxx___ __xxx___ __xxx___ 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:
a. adding "Military Police Course, 10 weeks" in Item 14 of the applicant's DD Form 214; and
b. awarding the applicant the Army Service Ribbon and showing this award on her DD Form 214.
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 showing MOS 95B in Item 11 of her DD Form 214.
XXX
_______ _ _______ ___
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) AR20080008781
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008781
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100028763
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * she received a letter of commendation recognizing her efforts during the Cuban Resettlement Program * completion of Traffic School (now known as the Traffic Management and Accident Investigation Course) in Vilseck, Germany 2. The applicant's available record does not contain a certificate of training or any other evidence that shows she completed "Traffic School." There is...
ARMY | BCMR | CY2012 | 20120004946
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: * Item 11 (Primary Specialty Number, Title and Years and Months in Specialty) from "63BOO Locomotive Repairman 8 months" to "95B Military Police" * Item 27 (Reenlistment (RE) Code) from RE-3/3C to a more favorable code 2. LBK is used when the member has completed their required service but is ineligible for, barred from, or otherwise denied reenlistment. At the time of...
ARMY | BCMR | CY2010 | 20100008780
BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100008780 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states she meets the eligibility requirements for award of the Army Service Ribbon as she completed Army initial active duty for training and was on active duty when the ribbon was authorized in 1981. Orders 63-9 issued on 16 April 1979 by the NDARNG; b. a Department of the Army (DA) Certificate of Training, undated, showing completion of Phase 1 of one-station unit...
ARMY | BCMR | CY2015 | 20150000690
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 2010 by: * adding to item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Legion of Merit * deleting from item 14 (Military Education) "Military Police (95B), 8 Weeks, 1983" 2. There is no evidence showing he completed 8 weeks of Military Police (95B) training at any time during his military service. As...
ARMY | BCMR | CY2008 | 20080001193
He also requests that two awards of the Army Achievement Medal, the Good Conduct Medal, the Noncommissioned Officers Professional Development Ribbon, the National Defense Service Medal, and the Expert Marksmanship Qualification Badge with Pistol Bar be added to this DD Form 214. Since the applicant was promoted to E-4 in the USAR in MOS 64C on 29 April 1985, one year after his release from active duty, there is no basis for amending items 4a, 4b, and 11 on his DD Form 214 for the period...
ARMY | BCMR | CY2008 | 20080004484
The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the Warrior Leader Course and Unit Supply Training. DISCUSSION AND CONCLUSIONS: The evidence of record shows that the applicant completed the 4-week Warrior Leader Course in 2007 and the one-week Unit Supply Training in 2007, which are not shown on her records; therefore she is entitled to correction of her records to show these courses. As a result, the Board...
ARMY | BCMR | CY2014 | 20140002219
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal * Item 14 (Military Education) the Law Enforcement Course was 16 weeks vice 8 weeks in duration and add the Military Police Investigator course 2. The...
ARMY | BCMR | CY2010 | 20100013409
Her DD Form 214 does not show: * four awards of the Army Achievement Medal * her SMOS 71L * completion of Domestic Violence Intervention Training - Class 03-97 6. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from her DD Form 214 the Army Achievement Medal (3rd award), b. adding to item 13 of her DD Form 214 the Army Achievement Medal (4th award), and c. adding to item 14 of her DD Form 214 the entry...
ARMY | BCMR | CY2011 | 20110012091
The applicant states: a. the Meritorious Service Medal (MSM) awarded him in January 1999 should be added to item 13 of his DD Form 214; b. the following entries should be added to item 14 of his DD Form 214: * Money Laundering and Asset Forfeiture Training (December 1997) * Advanced Techniques in Evidence and Property Management (April 1997) * Interview and Interrogations (August 1997) * Military Police Advanced Noncommissioned Officer's Course (ANCOC) (June 1996) * Managing Criminal...
ARMY | BCMR | CY2009 | 20090000157
The applicant requests additional awards pertaining to the Global War on Terrorism (GWOT) and Operation Enduring Freedom and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he served in military occupational specialty (MOS) 95B (Military Police) for 5 years and 3 months instead of 2 years and 8 months. However, his record does not show the date he completed the 95B training and/or was awarded MOS 95B. With respect to the applicant's service...