IN THE CASE OF: BOARD DATE: 19 August 2008 DOCKET NUMBER: AR20080008781 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: a. Item 11 (Primary Specialty) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show "95B (Military Police); b. Item 14 (Military Education) of her DD Form 214 be corrected to show she completed military police training; and c. all awards and decorations to which she is entitled. 2. The applicant states, in effect, that she completed training in MOS 95B prior to her discharge. 3. The applicant provides a copy of her DD Form 214 and a copy of a letter from her unit commander regarding her separation. 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 served in the Regular Army from 19 November 1996 through 30 May 1997. She was discharged under the provisions of Army Regulation 635-200, chapter 5-11, for failure to meet procurement medical fitness standards. She completed 6 months and 12 days of active Federal service. 3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows that she successfully completed the 10-week military police course (95B) at Fort McClellan, Alabama. The date she completed the training is not shown in her official record and there are no orders awarding her the MOS. 4. A 21 May 1997 letter from the applicant's unit commander indicates that the applicant completed class 004-97 in MOS 95B and that she was a holdover awaiting for her security clearance. She was recommended for separation from the Army based on her pre-service history of depression and ongoing symptoms. There is no evidence to show the applicant performed any duty in her assigned MOS. 5. Army Regulation 635-5 (Separation Documents), then in effect, prescribed policies and procedures regarding separation documents (DD Form 214/5). Item 11 listed the MOS codes, titles, years, and months for enlisted personnel. Do not count basic training and advanced individual training. Item 14 listed in-service training courses; title, number of weeks and year successfully completed during the period of service covered in the DD Form 214. 6. Army Regulation 600-8-22 (Military Awards) shows that the Army Service Ribbon was established by the Secretary of the Army on 10 April 1981. This regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. DISCUSSION AND CONCLUSIONS: 1. Although the applicant apparently completed training in MOS 95B, she was discharged soon after completion of the course, and it is unlikely that she was ever assigned or performed any military police duties. There is also no evidence showing the date of her completion of the MP training course and there are no orders assigning her the MOS. As such, it would be impossible to make the proper entries on her DD Form 214 regarding the length of time she held the MOS and whether she performed duties as a 95B. Therefore, there is insufficient evidence upon which to make this change to her DD Form 214. 2. Notwithstanding the above, she apparently completed the training course in MOS 95B and she is entitled to have this training entered in Item 14 of her DD Form 214. 3. The applicant completed initial entry training and is entitled to award of the Army Service Ribbon. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __xxx___ __xxx___ __xxx___ 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. adding "Military Police Course, 10 weeks" in Item 14 of the applicant's DD Form 214; and b. awarding the applicant the Army Service Ribbon and showing this award on her 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 showing MOS 95B in Item 11 of her DD Form 214. XXX _______ _ _______ ___ 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) AR20080008781 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008781 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1