BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002219
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 (Certificate of Release or Discharge from Active Duty) to show in:
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Good Conduct Medal
* Item 14 (Military Education) the Law Enforcement Course was 16 weeks vice 8 weeks in duration and add the Military Police Investigator course
2. He also requests an explanation of codes "3230-3206" that are shown on the reverse page of his Standard Form (SF) 93 (Report of Medical History).
3. The applicant states item 14 should read 16 weeks and item 13 should show the Army Good Conduct Medal.
4. The applicant provides:
* DD Form 214
* Reverse page of a SF 93
* Permanent Orders 40-3
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 enlisted in the Regular Army on 21 October 1976. He completed:
* Basic combat training (BCT) at Fort Dix, NJ, from on or about 21 October 1976 to on or about 2 January 1977
* Advanced individual training (AIT) at Fort McClellan, AL, for military occupational specialty (MOS) 95B (Military Police) from on or about 3 January 1977 to 1 March 1977
3. Subsequent to his completion of MOS training, he was assigned to the 546th Military Police Company, Fort Sill, OK, from on or about 10 March 1977 to 29 March 1978.
4. On 8 February 1978, Headquarters, U.S. Army Field Artillery Center, Fort Sill, OK, published Orders 39-4 awarding him the primary MOS of 95B1OV5, wherein the additional skill identifier (ASI) of "V5" designates "Military Police Investigator."
5. He departed Fort Sill, OK, on or about 29 March 1978, to Germany with temporary duty enroute. He appears to have been a student in a temporary duty status at Company D, Student Battalion, U.S. Army Military Police School, Fort McClellan, AL, from 2 April 1978 to 26 May 1978. However, it is unclear what training course he attended or whether he successfully completed any training.
6. He served in Germany from on or about 27 June 1978 to on or about 15 October 1979. He was assigned to the U.S. Military Activity Giessen.
7. On 24 September 1979, U.S. Regional Personnel Center Giessen published Permanent Orders 40-3 awarding him the Army Good Conduct Medal.
8. He was honorably released from active duty on 12 October 1979. His DD Form 214 shows in:
* Item 13 - Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Hand Grenade Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar
* Item 14, Law Enforcement [Course], 8 weeks, March 1977
9. On 15 February 1989, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added award of the Army Good Conduct Medal to item 13 of his DD Form 214.
10. Army Regulation 635-5 (Separation Documents) at that time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for item 14, enter formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.
11. He provides the reverse page of a SF 93, dated 24 September 1976. This page shows in item 25 (Physician Summary), the entry "Denies 3230-3206, sleep walker, [illegible word] history.
DISCUSSION AND CONCLUSIONS:
1. The applicant was previously issued a DD Form 215 that added award of the Army Good Conduct Medal. He was provided with a copy of this DD Form 215 by separate correspondence.
2. The applicant completed BCT at Fort Dix, NJ, from on or about 1 October 1976 to on or about 2 January 1976. He also completed AIT at Fort McClellan, AL, for MOS 95B from on or about 3 January 1977 to on or about 1 March 1977. The duration of his MOS training was 8 weeks. It was not 16 weeks as he contends. BCT is combat training and is not listed on the DD Form 214.
3. Although his records show he was awarded ASI V5 and he appears to have been a student in a temporary duty status at Company D, Student Battalion, U.S. Army Military Police School, Fort McClellan, AL, from 2 April 1978 to 26 May 1978, it is unclear what training course he attended or whether he successfully completed any training. In the absence of a certificate of training or a DA Form 1059 (Service School Academic Evaluation Report), there is insufficient evidence to add this training course.
4. The ABCMR corrects military records. As such, the applicant's inquiry regarding the meaning of the codes "3230-3206" on the reverse page of his
SF 93 is not a records correction.
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) AR20140002219
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ABCMR Record of Proceedings (cont) AR20140002219
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