IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20100029745
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the 82nd Division Jumpmaster Course and the Military Policeman/Motorcycle Unit.
2. The applicant states they were not added to his DD Form 214.
3. The applicant provides a copy of his DD Form 214, Certificate of Completion from 82nd Airborne Division Jumpmaster Course, and a photo of an 82nd Airborne Division military police motorcycle.
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's military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Record Center in 1973. It is believed that the records were lost or destroyed in the fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's record shows he enlisted in the Regular Army on 8 October 1954. His records show he completed basic combat training and advanced individual training and was awarded military occupational specialty 951.67 Military Policeman. The highest rank/grade he attained while serving on active duty was corporal/pay grade E-4.
4. On 13 September 1957, the applicant was honorably released from active duty in the rank of corporal/E-4, after completing 2 years, 11 months, and 6 days of active military service.
5. His DD Form 214 does not show he completed the 82nd Airborne Division Jumpmaster Course or show he was assigned to a motorcycle unit. Item 12 (Last Duty Assignment and Major Command) shows he was assigned to Headquarters Company, 82d Airborne Division, Fort Bragg, NC.
6. 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. At the time, it stated for item 12 to enter the last unit to which assigned for duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that the 82nd Airborne Division Jumpmaster Course and his Military Policeman Motorcycle Unit be added to his DD Form 214 has been carefully considered. However, the evidence fails to support this request.
2. There is no evidence in the available records and the applicant has not provided evidence which shows that he completed the Jumpmaster course.
3. Additionally, there is insufficient evidence to grant the applicant's request to add a specific military police unit to his record. It is reasonable to believe that he was assigned to a military police motorcycle unit, but it also appears reasonable that the unit was a subunit (e.g., a squad or platoon) within Headquarters Company, 82d Airborne Division, the last unit to which he was assigned.
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 that 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.
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