IN THE CASE OF:
BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009473
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 item 28 (Most Significant Duty Assignment) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) be corrected to show he served as a military policeman, not an ammo [ammunition] bearer.
2. The applicant states:
* There was an error in assignment
* He trained as a military policeman in the Military Police School at Fort Gordon, GA
* He served as a military policeman in his tours of duty
* There was improper record keeping
* He was assigned to the 289th Military Police Company and his assignment was to provide security for the United Nations Inspection Teams
3. The applicant provides:
* DA Form 1270 (Transfer or Release to Reserve Component)
* DD Form 214
* Letter, dated 11 April 2011, from a Member of Congress
* Honorable Discharge Certificate
* Newspaper article
* Three 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 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 military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was inducted into the Army of the United States on 7 December 1953. He served in Korea and was honorably released from active duty on 29 November 1955.
4. Item 5 (Qualifications/Specialty Number or Symbol) of his DD Form 214 shows the entry 951.10 Mil Pol" [Military Police]. Item 28 shows the entry "Co M 34 Inf Regt [Company M, 34th Infantry Regiment] APO [Army Post Office]
24 Ammo Bearer."
5. Special Regulations Number 615-360-1 (Enlisted Personnel), in effect at the time, established the procedures to be followed in the separation of enlisted personnel from active military service and described the proper method of execution and disposition of the various forms, records, and reports required. The regulation specifically stated the last unit, or similar element, to which assigned for duty rather than the element of which an individual was a part while moving to a separation point would be entered in item 28.
DISCUSSION AND CONCLUSIONS:
1. Although he wants item 28 of his DD Form 214 corrected to show he served as a military policeman and not an ammo bearer, there is no provision to show a military occupational specialty title in item 28. Therefore, it would be appropriate to remove the entry "Ammo Bearer" from item 28 of his DD Form 214.
2. His DD Form 214 properly shows he held a military policeman specialty (number 951.10) in item 5.
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 deleting the entry "Ammo Bearer" from item 28 of his DD Form 214.
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 amending item 28 of his DD Form 214 to show he served as a 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) AR20110009473
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ABCMR Record of Proceedings (cont) AR20110009473
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