BOARD DATE:	  17 November 2015

		DOCKET NUMBER:  AR20150004543 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show his last unit of assignment as 503d Military Police (MP) Company instead of 533d MP Company.

2.  He states he was assigned to the 553d MP Company from January 1968 to October 1968, but he was transferred to the 503d MP Company, 3d Armored Division and he served with this company from October 1968 to January 1970.

3.  He provides his DD Form 214.

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 enlisted in the Regular Army on 6 February 1967.  He was trained in and awarded military occupational specialty 95B (MP).  He served in the U.S. Army Europe (USAREUR) from 4 November 1968 to 27 January 1970.  

3.  Item 38 (Record of Assignment) of his DA Form 20 (Enlisted Qualification Record) shows from 19 November 1968 to 26 January 1970, he was assigned to the 503d MP Company, 3d Armored Division, USAREUR.  

4.  His record is void of any evidence that shows he was ever assigned to the "533 MP Company."

5.  He was honorably released from active duty on 28 January 1970 and credited with completing 2 years, 11 months, and 23 days of active duty service. 

6.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows "533 MP CO 3 ARMD DIV USAREUR."  

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, provides guidelines for the preparation of the DD Form 214 and states that all available records will be used for the preparation of this form.  The DD Form 214 provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  The regulation provides a brief description of each entry made on the form.  The preparer is to enter the individual's last duty assignment and major command in item 12.

DISCUSSION AND CONCLUSIONS:

The applicant's DA Form 20 confirms that his last unit of assignment was the 503d MP Company, 3d Armored Division, USAREUR.

BOARD VOTE:

__X______  ___X_____  __X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 12 of his DD Form 214 to delete "533 MP CO" and replace it with "503 MP CO."



      _______ _  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)                                         AR20150004543



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ABCMR Record of Proceedings (cont)                                         AR20150004543



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