IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130001226
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect her military police (MP) duties.
2. The applicant states her military occupational specialty (MOS) was 71L (Administrative Specialist) but she was taken off desk duties to perform MP duties for about 18 months. She contends that she has photographic as well as written proof showing she performed work as a special agent while in Germany. The photographic evidence shows her performing a bomb check on a vehicle using a mirror which was part of her MP duties.
3. The applicant provides a copy of a photo of an individual in military uniform and a copy of a newspaper article.
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. After having prior U.S. Army Reserve service, the applicant enlisted in the Regular Army on 30 August 1983 with MOS 71L.
3. Item 5 (Oversea Service) of her DA Form 2-1 (Personnel Qualification Record) shows she served in Germany from 11 September 1983 through
29 August 1985. Item 6 (MOS) shows her MOS as 71L and item 35 (Record of Assignments) shows her duty MOS as 71L and her principal duty as a clerk typist while in Germany.
4. She was honorably released from active duty on 29 October 1986. Her DD Form 214 does not show she was awarded an MP MOS or that she completed MP training.
5. There is no evidence in her available military records that shows she performed MP duties while on active duty.
6. She provides copy of a photo of an individual in military uniform inspecting a car with a car inspection mirror and a copy of a newspaper article which identifies her as the person conducting the car inspection.
7. Army Regulation 635-5 (Separations 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. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The instructions for completing the DD Form 214 do not provide for the recording of "other duties as assigned" on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her DD Form 214 should be corrected to reflect her MP duties has been carefully considered.
2. While her contention that she performed MP duties while in Germany is not in doubt, there is simply no evidence in her available military records that support her contention. Additionally, there are no provisions in Army regulations authorizing the recording of "other duties as assigned" on the DD Form 214. Therefore, it appears her DD Form 214 is correct as currently constituted and as a result, there is no basis to grant the 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 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.
ABCMR Record of Proceedings (cont) AR20130001226
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ABCMR Record of Proceedings (cont) AR20130001226
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