IN THE CASE OF:
BOARD DATE: 21 April 2011
DOCKET NUMBER: AR20100024858
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 the course he completed in law enforcement be entered on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 9 December 1978. In addition, he requests the military occupational specialty (MOS) 31B (Military Police) be added to his DD Form 214. During his period of service from 1974 to 1978 the MOS for military police was 95B.
2. The applicant states the MOS for military police and the completion of the Law Enforcement Course should have been entered in item 27 (Remarks) of his
DD Form 214.
3. The applicant provides:
* Certificate of Training for Law Enforcement
* DD Form 214
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 completed a period of prior active service from 29 August 1969 through 28 July 1971. This service equals 1 year and 11 months.
On 10 December 1974, he enlisted in the Regular Army for a period of 4 years and the Army Cash Bonus Enlistment Option for one of five infantry MOSs. He completed basic combat and advanced individual training and he was awarded MOS 11B which was one of the five infantry MOS's listed in his enlistment contract.
3. On 18 December 1975, he was assigned to A Company, 1st Battalion (Airborne), 505th Infantry at Fort Bragg, NC where he remained until he was discharged.
4. His DA Form 2-1 (Personnel Qualification Record) shows he completed the
224-hour Law Enforcement Course at Fort Bragg in 1977. The certificate he provided shows he attended the course from 14 February to 25 March 1977.
5. There are no orders in his Military Personnel Records Jacket (MPRJ) awarding him the MOS for military police. A DA Form 2166-5 (Enlisted Evaluation Report) for the period September 1977 to August 1978 shows his primary MOS as 11B. His duties are listed as "Team Leader in infantry company."
6. He was discharged on 9 December 1978. He completed 4 years of active service that was characterized as honorable. His MOS in item 16a (Primary Specialty Number and Title) is shown as "11B2P." Item 27 does not show he completed the Law Enforcement Course.
7. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. Paragraph 2-7ah(12) stated formal in-service training courses successfully completed during the period of service covered by the DD Form 214 were to be listed in item 27.
DISCUSSION AND CONCLUSIONS:
1. There are no orders in his MPRJ awarding him the MOS 31B or 95B. His last evaluation report shows his primary MOS as 11B and his duties were those of a team leader in an infantry company. Therefore, the evidence is insufficient to add MOS 31B to his DD Form 214.
2. His DA Form 2-1 and the certificate provided by the applicant show he completed the 224-hour course for Law Enforcement on 25 March 1977 at Fort Bragg. Therefore, it would be appropriate to add this course to his DD Form 214 with an effective date of 9 December 1978.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ 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 adding to item 27 of his DD Form 214 with an effective date of 9 December 1978 the entry "Law Enforcement, 224 hours, 25 March 1977."
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 adding MOS 31B to his
DD Form 214.
__________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) AR20100024858
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100024858
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130014519
Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the: * Combat Infantryman Badge * Expert Infantryman Badge * Parachutist Badge * Paraguayan Air Force Parachutist Badge * German Schutzenschnur Badge in Bronze c. Item 14 (Military Education) to show or correct: * Military Police Course completed in 2003 instead of 2000 * Infantry One Station Unit Training (OSUT) completed in June 2000 * Primary Leadership Development Course completed in 2003...
ARMY | BCMR | CY2009 | 20090002147
The applicants records further show he was honorably released from active duty on 7 January 1976 for completion of required service. With respect to the applicants discharge, the evidence of record shows that the applicant was absent from several UTA/MUTA. With respect to the promotion issue, there is no evidence in the applicant's record and the applicant did not provide any evidence that he was promoted to SGT/E-5 or SP6.
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 | CY2009 | 20090019705
The applicant provides Orders 200-0294 which indicate he was reassigned from Fort Sill to Fort Carson, CO in military occupational specialty (MOS) 95B1O (Military Police). The applicant enlisted in the Regular Army on 8 August 1996 for 3 years and training in MOS 13M (MLRS Crewmember). Since there is no evidence of when the applicant completed that formal training, the only verifiable date that he held the MOS was the date of the orders, 19 July 1999.
ARMY | BCMR | CY2010 | 20100025851
The applicant requests his DD Form 214 (Report of Separation from Active Duty) for the period ending 29 June 1979 be corrected to show that he: * Completed the Chemical Operations Specialist Reclassification Course * Was awarded military occupational specialty (MOS) 54B (Nuclear, Biological, and Chemical Specialist) 2. He was awarded MOS 00E in August 1977 and served in this MOS until he was discharged in June 1979. He did not receive an MOS evaluation in this MOS.
ARMY | BCMR | CY2011 | 20110017401
The applicant states: a. through research at the Fort Bragg, North Carolina library, he found pictures and dates of the combat he participated in; b. a lieutenant colonel (LTC) with whom he served with in Vietnam, told him he authorized the award of the CIB to Soldiers who were not assigned to infantry units and that the PH was awarded to many fellow officers and noncommissioned officers who never participated in combat; c. the rules as stated in this Board's original record of proceedings...
ARMY | BCMR | CY2002 | 2002067919C070402
The applicant's DD Form 214, with an effective date of 6 April 1971, does not show the Combat Infantryman Badge as an authorized award. Therefore, his DD Form 214 correctly shows his MOS as 95B, and there is no basis for correcting item 23a of his DD Form 214, with an effective date of 6 April 1971, to show his MOS as 11B. Evidence of record shows that the applicant served in an infantry MOS as a member of a security guard company of the 97th Military Police Battalion throughout his...
ARMY | BCMR | CY2008 | 20080011155
The applicant requests, in effect, that item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show that he served in military occupation specialty (MOS) 31B (Military Police) for 18 years and 1 month and in MOS 88M (Motor Transport Operator) for 3 years and 7 months. The applicant has...
ARMY | BCMR | CY2014 | 20140021160
As of this date he held PMOS 95B2OV5 and had served in: * MOS 95B20 as an MP from 7 December 1977 to 24 September 1980 for 2 years and 10 months * MOS 95B20 V5 as an MPI from 25 September 1980 to 29 October 1982 for 2 years and 1 month * MOS 84B20 from 10 December 1980 to 29 October 1982 for 1 year and 11 months * MOS 63H20 between 25 April 1977 to 9 December 1980 for 3 years and 7 months 5. As he was not issued a DD Form 214 for the period 25 April 1977 to 10 July 1980, it would be...
ARMY | BCMR | CY2011 | 20110020484
This document shows that de facto status was approved for his promotion to SFC/E-7 in the MOS of 95B for the period 1 August 2009 through 12 July 2010. On 10 May 2011, the applicant was given a GOMOR which shows an investigation determined that he: a. knowingly accepted award of the PMOS 31B and promotion to SFC in July 2009 for which he was not qualified; b. made a false official statement on his June 2009 security clearance application by stating that he had not been subject to any...