IN THE CASE OF:  	  

		BOARD DATE:  7 January 2015	  

		DOCKET NUMBER:  AR20140006736 


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) for the period ending 8 November 1991 to show:

* his primary specialty as 11B2P
* Army Commendation Medal (ARCOM)
* his duty military occupational specialty (MOS) as 95D (U.S. Army Criminal Investigation Command (CID) Special Agent)
* he completed weapons expert training
* he attended CID Special Agent School
* he attended the ESI Advanced Security Specialist Program in a temporary duty status (taken to mean resident status)
* he held a security background investigation-top secret security clearance

2.  The applicant states at Fort Bragg he was recruited by the CID to be a special agent.  He was assigned to a 95D duty MOS position in Headquarters and Headquarters Company (HHC), 4th Battalion, 325th Airborne Infantry Regiment and worked out of the Fort Bragg office.  He was on jump status and was awarded the ARCOM for his successful investigations.  He went to Fort McClellan for the CID School and was medically discharged before completion of the school. 

3.  The applicant provides:

* Certificate of Achievement
* DA Form 1059 (Service School Academic Evaluation Report)
* verification of security clearance status
* permanent change of station orders
* Forces Command Form 369-R (Personnel Security Data Card)
* Orders 123-112
* DA Form 5114-R (Acceptance/Declination of Airborne Assignment Statement)
* Orders 139-124
* two CID Candidate Evaluations
* two DA Forms 2166-7 (Noncommissioned Officer (NCO) Evaluation Report)
* DA Form 1306 (Statement of Jump and Loading Manifest)
* DA Form 1307 (Individual Jump Record)
* DA Form 638 (Recommendation for Award)
* ARCOM Certificate showing Orders Number 35-4
* ESI Advanced Executive Protection Program Certificate of Training 
* letter certifying completion of an intensive driving course
* multiple letters of recommendation
* Letter of Commendation
* Statement of Service Memorandum for Record
* Certificate of Training for a portion of the apprentice CID Special Agent Course 
* law enforcement certification
* City Colleges of Chicago Emergency Medical Technician Certification
* autobiography
* DD Form 214
* Board's letter to applicant

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.  On 27 March 1984, the applicant enlisted in the Regular Army.  He completed initial entry training and was awarded MOS 11B (Infantryman).  The highest rank he held was sergeant/pay grade E-5.

3.  His record contains a correspondence course completion notice, dated 6 February 1986, showing he completed an Infantry Weapons Specialist Course.

4.  He provides a letter, dated 29 January 1988, verifying he held a top secret security clearance with background investigation.

5.  On 25 July 1989, Headquarters, 82nd Airborne Division, issued Orders 139-124 reassigning him to Headquarters and Headquarters Company, 4th Battalion, 325th Airborne Infantry Regiment.  These orders show his MOS as 11B2P. 

6.  He provides two DA Forms 2166-7 covering the period September 1988 through December 1989 showing his duty MOS was 95D during that period.

7.  He provides DA Forms 1306 and a DA Form 1307 showing he made parachute jumps as late as March and April 1990.

8.  He provides a DA Form 638 and an ARCOM Certificate showing Headquarters, 2nd Brigade, 82nd Airborne Division, issued Orders 35-4, dated 18 May 1990, awarding him the ARCOM for meritorious service.

9.  He provides an ESI Advanced Executive Protection Program Certificate of Training, dated 6 June 1990, showing he completed 600 hours of training.  The certificate does not show whether the training was conducted in a resident or non-resident status.  The current ESI website states that the Executive Protection program currently consists of a 28-day residency or 450 hours in distance education and a 15-day residency.  He also provides an ESI letter, dated 14 September 1990, certifying he successfully completed an intensive driving course.

10.  He provides an undated Certificate of Training showing he successfully completed a portion of the apprentice CID Special Agent Course at Fort McClellan, AL.  The certificate lists multiple subjects with the number of hours annotated next to them.

11.  He was honorably discharged from active duty on 8 November 1991.  He completed 7 years, 7 months, and 12 days of net active service this period.  The DD Form 214 he was issued shows in:

	a.  item 11 (Primary Specialty), 11B2O Infantryman;
	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* National Defense Service Medal
* Army of Occupation Medal
* Parachutist Badge
* Army Good Conduct Medal
* NCO Professional Development Ribbon 

   c.  item 14 (Military Education) that he successfully completed the:
   
* Airborne Course
* School of Standards
* Primary Leadership Development Course

12.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  It stated for:

* item 11, enter the MOS codes held, titles, years, and months
* item 14, in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 would be listed by the title, number of weeks, and year completed

DISCUSSION AND CONCLUSIONS:

1.  Orders awarded the applicant an ARCOM.  Therefore, he is entitled to have his DD Form 214 corrected to show this award.

2.  His record shows he completed the Airborne Course, was awarded the Parachutist Badge, was in a jump status, and held MOS 11B2P.  There is no evidence the "P" designator was withdrawn from his MOS.  Therefore, it appears he is entitled to have his DD Form 214 corrected to show "11B2P" in item 11.

3.  There is no evidence he was ever awarded MOS 95D and there is no regulatory provision for entering a Soldier's duty MOS or security clearance level on the DD Form 214.  Therefore, he is not entitled to have this information entered on his DD Form 214.

4.  He contends that he attended at least a portion of the ESI Advanced Executive Protection Program training in residency.  The certificate he provides does not show the status (resident/non-resident) of the training.  Though it appears he may have attended some portion of the training in residency, it appears the course was predominantly distance education in nature.  Further, it doesn't appear that this training meets the criteria of an in-service training course.  As such, there is an insufficient evidentiary basis for adding this course to his DD Form 214.

5.  Though it is not clear what weapons expert training he is referring to, his record shows he completed an Infantry Weapons Specialist Course by correspondence.  There is no provision for listing correspondence courses on the DD Form 214.   As such, there appears to be no basis for adding weapons expert training to his DD Form 214.

6.  He provides a Certificate of Training showing he successfully completed a portion of the apprentice CID Special Agent Course.  Though the certificate lists the number of hours for each subject, only successfully completed in-service courses are entered on the DD Form 214.  Since he completed only a portion of the course, it would not be appropriate to add this course to his DD Form 214.

7.  In view of the foregoing, the applicant is entitled to have his records corrected as shown below. 

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:

	a.  amending item 11 of his DD Form 214 by deleting the current MOS entry of "11B2O" and replacing it with MOS "11B2P" and

	b.  adding to item 13 of his DD Form 214 the ARCOM.

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 his DD Form 214 to show ESI Advanced Executive Protection Program training, CID Special Agent School, weapons expert training, duty MOS 95D, and security background investigation-top secret security clearance.



      _______ _  _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)                                         AR20140006736



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ABCMR Record of Proceedings (cont)                                         AR20140006736



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