IN THE CASE OF: BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20150014030 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20150014030 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by: a. deleting the Army Commendation Medal from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized); b. adding the Air Assault Badge, Korea Defense Service Medal, and Army Commendation Medal (2nd Award) to item 13; and c. adding the entries "Special Reaction Team Course, 2 Weeks, October 1990"; "Advanced Special Reaction Team Course, 1 Week, September 1991"; and "Australian Rappel School 2 Weeks, October 1989" to item 14 (Military Education). 2. The Board further determined 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 correction of his DD Form 214 to show his additional duty titles as Military Police Investigator and Special Reaction Team member. _____________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. IN THE CASE OF: BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20150014030 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the following: a. item 11 (Primary Specialty) his titles as a Military Police Investigator and Special Reaction Team (SRT) member; b. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) three High Performance Awards, Memorandum of Appreciation, Letter of Appreciation, Air Assault Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and any other awards to which he is entitled; and c. item 14 (Military Education) shows he completed Air Assault School, SRT Training, Advanced SRT Training, and Australian Rappel School. 2. The applicant states his DD Form 214 is missing awards, titles, and his Military Police Investigator status. He volunteered for participation in Operation Desert Shield/Desert Storm. He states that he trained for this deployment, but his orders changed to an assignment in the continental United States (CONUS) with a counterterrorist unit. He explained that he guarded high-level personnel and served at high security locations. He claims that he never received an expiration of term of service (ETS) examination or exit processing, except a security debriefing before he left the military. He cannot believe so much information is missing from his military paperwork. He noticed the errors in his record while enrolling in the Department of Veterans Affairs (VA) health system. He ended his time of service at Fort Dix, where he served as a Military Police Investigator (MPI) and member of the Special Operations group. His out-processing consisted of turning in his service weapon, handcuffs, and MPI credentials with a quick stop to get an exit security briefing. Most of the other paperwork was mailed to his last home address. 3. The applicant provides: * Self-authored statement * Memorandum of Appreciation, dated 17 February 1989 * Diploma, Basic Military Police Course, dated 5 April 1989 * Certificate of Training, Cheju-Do Training Center [Australian Rappel School] for the period 16 to 28 October 1989 * DD Form 1610 (Request and Authorization for Temporary Duty (TDY) of Department of Defense (DOD) personnel, dated 20 August 1990 * Diploma, SRT Training, dated 26 October 1989 * three certificates for High Performance Award for Excellence, dated 2 November 1990, 10 December 1990, and 21 March 1991 * Newspaper article, dated 16 November 1990 * Letter of Commendation, dated 18 January 1991 * Certificate of Training, Air Assault School, dated 21 March 1991 * Permanent Orders Number 119-005, dated 29 April 1991 * DA Form 4187 (Personnel Action), dated 6 September 1991 * Certificate of Training, Advanced SRT Training for the period 8 to 13 September 1991 * DA Form 5790 (Record Firing Scoreboard - Scaled Target Alternate Course), dated 24 October 1991 * DD Form 1556A (Authorization, Agreement, Certification of Training and Reimbursement), dated 7 April 1992 * Middlesex County Police Academy, Reports and Testimony in Child Abuse Cases, dated 1 April 1992 * DA Form 2962 (Security Termination Statement), dated 1 October 1992 * Newspaper article * 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 16 November 1988. 3. Orders Number 28-132, issued by U.S. Army Chemical and Military Police Centers and Fort McClellan, Fort McClellan, AL on 16 February 1989 awarded him military occupational specialty (MOS) 95B, effective 25 April 1989. 4. His DA Form 2-1 (Personnel Qualification Record - Part II) does not indicate that he held or served in any MOS other than 95B. Additionally, this form contains the following information: a. item 5 (Oversea Service) shows he served in Korea from 10 April 1989 to 9 April 1990. b. item 9 (Awards, Decorations, and Campaigns) lists the below awards: * Army Service Ribbon * Overseas Service Ribbon * Army Good Conduct Medal (1st Award) * Driver and Mechanic Badge with Driver Bar * Expert Marksmanship Qualification Badge with Grenade Bar, dated 29 November 1988 * Sharpshooter Marksmanship Qualification Badge with Rifle Bar, dated 8 December 1988 * Marksmanship Qualification Badge with Pistol Bar (.45 Caliber), dated 1 February 1989 * Expert Marksmanship Qualification Badge with Pistol Bar (9 MM), dated 2 February 1989 c. item 17 (Civilian Education and Military Schools) shows he completed 17 weeks of training in the Law Enforcement Course, MOS 95B (Military Police) in 1989. d. item 35 (Record of Assignments) he completed one station unit training (OSUT) at Fort McClellan, AL in MOS 95B in April 1989 and performed duties in duty MOS 95B as a Military Police. 5. He provided a Memorandum of Appreciation, dated 17 February 1989, he received thanks for his outstanding support to the Research Division during the 1989 Air Force Counter-Intelligence Polygraph Screening Research Study. 6. He provided a Certificate of Training showing he completed a course of instruction at the Cheju-Do Training Center during the period 16 to 28 October 1989. He referred to this as the "Australian Rappel Course." 7. He provided a diploma from the U.S. Army Military Police School, dated 26 October 1990, which shows he completed the requirements of the course of instruction in the SRT from 15 to 26 October 1990. 8. He provided three Certificates for High Performance Award for Excellence at Fort Dix, NJ, dated 2 November 1990, 10 December 1990, and 21 March 1991, which he received for his consistent high standards of performance. 9. He provided a newspaper article, dated 16 November 1990, which shows he was a member of the Fort Dix SRT who trained at the SRT School at Fort McClellan, AL. The article reported on the SRT's intense training and accomplishment as a "top team." 10. He provided a Letter of Commendation, dated 18 January 1991, which shows he was commended for his outstanding performance in direct support of the visit by the Kuwaiti Ambassador to the United States on 14 January 1991. 11. Certificate of Training, dated 21 March 1991, which shows he completed the combat assault, rappelling, and rigging and sling loading phases of the Air Assault School, earning him the honor of wearing the Air Assault Badge. 12. Permanent Orders Number 119-005 issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell on 29 April 1991, awarded him the Air Assault Badge. 13. He provided a DA Form 4187, dated 6 September 1991 showing he requested to volunteer for airborne training and/or assignment under the provisions of chapter 6, Army Regulation 614-200 (Enlisted Assignments and Utilization Management). 14. Certificate of Training, he completed the 80-hour Advanced SRT training seminar from 8 to 13 September 1991. 15. He provided a DA Form 5790-R showing he qualified as an Expert with the M16A1 Rifle on 24 October 1991. 16. He provided a DA Form 1556A showing he was authorized to attend the Quality Training Management Course from 6 to 7 April 1992 at a Civilian Training Center, Fort Dix. 17. His service record contains a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 9 July 1992. This form shows Permanent Order Number 130-2, issued by Headquarters, U.S. Army Training Center and Fort Dix, NJ on 24 July 1992 awarded him the Army Commendation Medal (1st Oak Leaf Cluster). This document also indicates he served as a Military Police Investigator with the Fort Dix Military Police Company and served as a member of the Fort Dix SRT. 18. The Army honorably released him from active duty on 11 November 1992. His DD Form 214 shows the following: a. item 11 contains the entry "95B1O MILITARY POLICE -- 3 YRS-7 MOS//NOTHING FOLLOWS." b. item 12f (Foreign Service) credits him with 1 year of foreign service. c. item 13 lists the below awards: * Army Commendation Medal * Army Good Conduct Medal * Army Service Ribbon * Overseas Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Pistol Bar(9 MM) * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber) * Driver and Mechanic Badge with Driver-W Bar d. item 14 the entry "MILITARY POLICE, 17 WKS, APR 89//NOTHING FOLLOWS." REFERENCES: 1. Army Regulation 635-5 (Separation Processing and Documents) in effect at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version in effect at the time directed: a. item 11 will include the primary MOS or area of concentration (AOC), and all additional MOS/AOC served for a period of one year or more, during Soldier's continuous active military service. For each MOS/AOC, list the title with the years and months served. b. item 13 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service. Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214. c. item 14 will list formal in-service (full-time attendance) training courses of successfully completed during the period of service covered by title, length in weeks, and month and year completed. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed. DISCUSSION: 1. The Board acknowledges the applicant's request to correct his DD Form 214 to show his titles as a Military Police Investigator and SRT member. a. The evidence of record shows he completed the required training and was awarded MOS 95B. His service record shows he continued to perform duties in MOS 95B until he separated on 11 November 1992. The evidence of record confirms he served as a member of the Fort Dix SRT. b. His service record does not include evidence that shows he was awarded an additional MOS or a special skill identifier as a Military Police Investigator. Although his service record confirms he performed duties as a Military Police Investigator and served as a SRT member, these are not MOSs but they are additional duties he performed on active duty. There is no provision in the governing regulation to record additional duties on the DD Form 214. His DD Form 214 properly reflects his title as a Military Police in item 11. 2. The Board also acknowledges his request to enter all the awards to which he is entitled on his DD Form 214. a. His service record shows he completed Air Assault training and he was awarded the Air Assault Badge. However, his DD Form 214 does not list the badge or the course. b. He served a period of qualifying service in Korea from 10 April 1989 to 9 April 1990 (1 year) for award of the Korea Defense Service Medal. However, his DD Form 214 does not list this award. c. His DD Form 214 currently reflects one award of the Army Commendation Medal. However, permanent orders show that he was awarded a second award of the Army Commendation Medal. 3. The evidence of record shows he completed SRT training from 15 to 26 October 1990 and Advanced SRT training from 8 to 13 September 1991 However, these courses are not listed on his DD Form 214. 4. He received several certificates for High Performance Award for Excellence. Additionally, he received a Memorandum of Appreciation and a Letter of Commendation. The governing regulation directs that Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214. 5. His diploma from the U.S. Army Military Police School shows he completed the Basic Military Police Course in April 1989 and this course is properly recorded in item 14 of his DD Form 214. 6. His Certificate of Training from the Cheju-Do Training Center shows he completed a course of instruction from 16 to 28 October 1989. This course trains in rappelling similar to training in Air Assault School. However, this course is not listed on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014030 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014030 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2