IN THE CASE OF:
BOARD DATE: 28 January 2010
DOCKET NUMBER: AR20090015301
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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show that he completed military police (MP) training.
2. The applicant states, in effect, that he completed MP training and that it should be included on his DD Form 214.
3. The applicant provides a copy of his DA Form 20 (Enlisted Qualification Record) and a letter from the Department of the Army Review Board Agency, Support Division, St. Louis, MO, dated 13 August 2009, in support of his application.
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 12 May 1965, the applicant enlisted in the Regular Army (RA) in Oakland, CA, for 3 years, in the rank/grade of private (PV1)/E-1. He successfully completed his basic combat training and he attended MP advanced individual training from 10 August 1965 through 21 October 1965. He was awarded an MP military occupational specialty on 22 October 1965.
3. On 2 July 1966, this MP MOS was withdrawn and he was awarded MOS 11B (light weapons infantryman).
4. The applicant was honorably released from active duty (REFRAD) on 10 May 1968, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) at the expiration of his term of service. Item number 25 (Education and Training Completed) on the DD Form 214 that he was furnished at the time of his REFRAD shows that he completed basic training. His DD Form 214 does not show that he completed advanced individual training (in effect MP school).
5. The applicant provides a letter from the Department of the Army Review Boards Agency, Support Division, St. Louis, dated 13 August 2009, informing him that his military records do not contain evidence of completion of MP school.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It provides, in pertinent part, to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show that he completed MP training.
2. His contentions have been noted and in accordance with the applicable regulation, he is entitled to have his MP training included on his DD Form 214.
3. The applicant attended advanced individual training for 9 weeks, from 10 August 1965 through 21 October 1965, and he was awarded an MP MOS. This training was non-combat arms related. Therefore, it would be appropriate to include this training on his DD Form 214.
4. In view of the foregoing, it would now be in the interest of justice to correct the applicant's records as recommended below.
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 item 25 of his DD Form 214 the entry "Military Police School, 9 weeks, 1965."
_______ _ 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) AR20090015301
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ABCMR Record of Proceedings (cont) AR20090015301
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