IN THE CASE OF:
BOARD DATE: 1 December 2011
DOCKET NUMBER: AR20110006439
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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her primary specialty as a Military Police (MP) and her last assignment as with 209th MP Company.
2. The applicant states she was military police not a cannon crewman and was assigned to the 209th MP Company, not the 204th MP Company.
3. The applicant provides copies of her DD Form 214, a certificate of promotion, and orders awarding the Driver's Badge.
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 served on active duty in the Regular Army from 2 May 2002 through 22 September 2005.
3. Her orders for award of the Driver's and Mechanic Badge and the Good Conduct Medal both show her assignment as with the 209th MP Company. Her separation orders list her assignment as with the 209th MP Company.
4. Her Enlisted Record Brief provides the following:
a. attendance at the military police course in 2002;
b. award of primary military occupational specialty (MOS) 31B (Military Police);
c. deployment to Afghanistan as an MP from 26 April 2004 through 25 April 2005; and
d. her last duty station was with the 209th MP Company.
5. The DD Form 214 shows the following at:
a. item 8a (Last Duty Assignment), the 204th MP Company;
b. item 11 (Primary Specialty), 13B Cannon Crewmember; and
c. item 14 (Military Education), attendance at the Military Police Course in 2002.
6. There is no indication in the record of the applicant's attendance at a Cannon Crewmember course or any assignment to the 204th MP Company.
DISCUSSION AND CONCLUSIONS:
1. All available evidence shows that the applicant was trained in and served in MOS 31B (MP). It appears that the numbers on the DD Form 214 were inadvertently reversed to show 13B1O. It is appropriate to correct this typographical error.
2. The applicant's award orders and her separation orders list her unit as the 209th MP Company. The record contains no evidence she was ever assigned to or served with the 204th MP Company. Therefore, it is appropriate to correct this typographical error.
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 showing on the DD Form 214 at:
a. item 8a (Last Duty Assignment), the 204th Military Police Company; and
b. item 11 (Primary Specialty), 31B1O Military Police.
_______ _ _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) AR20110006439
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