IN THE CASE OF:
BOARD DATE: 26 May 2011
DOCKET NUMBER: AR20100028261
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his military occupational specialty (MOS) as 95B (Military Police (MP)) vice 63A (Mechanical Maintenance Helper).
2. The applicant states after basic training he was sent to the 502nd MP Battalion for training and deployment to Vietnam as an MP. After training, the unit was sent to the Dominican Republic where he served as an MP.
3. The applicant provides:
* DD Form 214
* release from active duty (REFRAD) orders
* Army Commendation Medal Certificate and orders
* DA Form 137 (Installation Clearance Record)
* four pages of photographs
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 applicant's 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 applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's records show he was inducted into the Army of the United States on 5 March 1964 and he held MOS 95B. He was assigned to the 503rd MP Battalion, Fort Bragg, NC, from 31 May 1964 to 17 April 1966.
3. His records contain a request from the Office of the Provost Marshal, U.S. Forces Dominican Republic, dated 9 April 1966, wherein it was recommended that MOS 95B be withdrawn from the applicant. The letter stated that on 23 January 1966 while on temporary duty to the Dominican Republic and in violation of regulation, the applicant took his assigned weapon out of the arms room, went on pass with the weapon in his possession, and was involved in an incident in which a Dominican Airman was shot. It further stated the MP Corps cannot tolerate having personnel in its ranks who cannot abide by the established regulations and whose conduct is below that of demanded of an MP.
4. On 13 April 1966, MOS 95B was withdrawn from the applicant and he was reclassified into MOS 63A.
5. He was honorably released from active duty on 18 April 1966 and he was transferred to the U.S. Army Reserve to complete his remaining Reserve obligation. He completed 2 years, 1 month, and 15 days of creditable active service.
6. Item 25a (Specialty Number and Title) of the DD Form 214 he was issued shows the entry "63A1O, Mechanic Helper."
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service upon retirement, discharge, or release from active military service or control of the Army. Enter the primary MOS code number and title in item 25a.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows MOS 95B was withdrawn from the applicant on 13 April 1966 and he was reclassified into MOS 63A. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. As such, his DD Form 214 correctly reflects his MOS at the time of his REFRAD as 63A. Therefore, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_________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) AR20100028261
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ABCMR Record of Proceedings (cont) AR20100028261
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