IN THE CASE OF:
BOARD DATE: 12 November 2009
DOCKET NUMBER: AR20090009303
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, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 11 September 2003 be corrected to reflect that his primary military occupational specialty (MOS) was 95B (Military Policeman).
2. The applicant states that his orders and awards show that he was ordered to active duty and served as a military policeman; however, his DD Form 214 reflects his primary specialty as a 92G (Food Service Specialist). He goes on to state that he served as a military policeman and there were no positions for a food service specialist in the unit.
3. The applicant provides a copy of his DD Form 214, a copy of his Army Commendation Medal (ARCOM) Certificate showing that he served as a military policeman (MP), a copy of orders that ordered him to active duty in MOS 95B, his separation orders, and a copy of his DA Form 1059 (Service School Academic Evaluation Report) showing that he attended the Primary Leadership Development Course (PLDC) in MOS 95B.
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 enlisted in the U.S. Army Reserve (USAR) on 16 May 2001 for a period of 8 years, training as a food service specialist, a cash enlistment bonus, and assignment to an MP Battalion in Bethlehem, PA.
3. He completed his basic training at Fort Knox, KY and his advanced individual training (AIT) as a food service specialist at Fort Lee, VA.
4. The applicant attended basic military police training from 19 August to 20 September 2002 at the United States Army Military Police Training School and achieved course standards. However, there is no evidence in the available records to show that orders were published awarding him MOS 95B.
5. On 10 February 2003, he was ordered to active duty in support of Operation Enduring Freedom in MOS 95B. He deployed to Kuwait from 5 April to
10 August 2003. On 11 September 2003, he was honorably released from active duty (REFRAD) due to completion of required service. His DD Form 214 issued at the time of his REFRAD reflects in block 11 (Primary Specialty) the entry "92G10 - Food Service Specialist - 01 YRS - 6 MOS."
6. The applicant also attended the Primary Leadership Development Course (PLDC) during the period 4 June 2005 through 18 June 2005 as evidenced by a DA Form 1059 contained in his records. This form also shows his MOS as 95B.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for block 11, from the Soldiers' Enlisted Record Brief (ERB), enter the titles of all MOS served for at least 1 year and include for each MOS 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.
DISCUSSION AND CONCLUSIONS:
1. While the record is clear that the applicant was school trained, deployed, and served as an MP in support of Operation Enduring Freedom, there is insufficient evidence in the available records to establish if or when the applicant was awarded MOS 95B.
2. There are also no orders awarding him MOS 95B in the available records and he has not provided any such evidence. However, it is presumed that he was awarded MOS 95B at the completion of the basic MP training course on
20 September 2002.
3. Therefore, since he had served his 7 months of active duty in MOS 95B, it would be appropriate in this case to add the entry of "95B1O - Military Policeman - 7 months" to block 11 of his DD Form 214.
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 be corrected by adding to block 11 of the DD Form 214 for the period ending 11 September 2003 the entry "95B1O - Military Policeman - 7 months."
__________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) AR20090009303
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ABCMR Record of Proceedings (cont) AR20090009303
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