IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100008986
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 his military education course title be changed from Criminal Investigation Agent Course to Counterintelligence Agent Course on his 15 November 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states his only military occupational specialty (MOS) was 97B (Counterintelligence Agent).
3. The applicant provides a copy of his DD Form 214 and an internet information sheet on MOS 97B.
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 applicants records show he enlisted in the Regular Army on
30 September 1998. He was trained in and awarded MOS 97B (Counterintelligence Agent). The applicant was credited with 3 years, 1 month, and 16 days of net active service at the time he was honorably discharged from active duty on 15 November 2001.
3. The applicants DD Form 214 lists his primary specialty and title in block 11 as 97B10, "CI Agent." Additionally, block 14 (Military Education) shows "Criminal Investigation Agent Course, 17 weeks, 1999.
4. The applicants DA Form 2-1 (Personnel Qualification Record) shows he attended Advanced Individual Training, 97B Course at Fort Huachuca, Arizona.
5. The internet information sheet shows the title of MOS 97B as "Counterintelligence Agent."
6. Department of the Army Pamphlet 351-4 (US Army Formal Schools Catalog) lists formal courses of instruction offered at active U.S. Army Schools and Training Centers. The catalog shows the title for MOS 97B as Counterintelligence Agent. The catalog shows classes for the intelligence courses are conducted at Fort Huachuca.
DISCUSSION AND CONCLUSIONS:
The available evidence confirms the applicant enlisted in the Army and attended school at Fort Huachuca for MOS 97B (Counterintelligence Agent). Therefore, the applicant is entitled to correction of his records to show he attended the "Counterintelligence Agent Course, 17 WEEKS, 1999" and not the Criminal Investigation Agent Course.
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 deleting the entry in block 14 of his 15 November 2001 DD Form 214 and adding the "COUNTERINTELLIGENCE AGENT COURSE, 17 WEEKS, 1999// NOTHING FOLLOWS."
_______ _ 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.
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