IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160009844 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: 13 June 2018 DOCKET NUMBER: AR20160009844 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 all Department of the Army records of the individual concerned be corrected by showing the applicant served in Area of Concentration (AOC) 31A (Military Police) for 10 years and 4 months and in AOC 50A (Force Development) for 2 years and 9 months. 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 any relief in excess of that described above. _________________________ 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: 13 June 2018 DOCKET NUMBER: AR20160009844 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 he served in Area of Concentration (AOC) 31A (Military Police (MP)) for 10 years and in AOC 50A (Force Development Manager) for 3 years and 4 months. 2. The applicant states his length of service in AOC 31A and AOC 50A is not accurate on his DD Form 214. He believes this was a simple mistake as the dates of a permanent change of station (PCS) and AOC assignment, for both 31A and 50A, occurred in the same month but 10 years apart. He completed the MP Officer Basic Course (OBC) (31A) on 22 May 1997. He was assigned to the Pentagon as a Force Manager (50A) on 29 May 2007. He completed the Functional Area (FA) 50 qualification course in September 2007 and was awarded FA 50. 3. The applicant provides * DD Form 214 * MP OBC orders * PCS order to Deputy Chief of Staff (DCS), G-8 * 29 May 2007 Principal Duty Assignment Memo 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 19 December 1996, with prior active service, the applicant was notified that he had been appointed an Army Reserve second lieutenant. He executed his oath of office on the same date. 3. On 3 January 1997, the applicant received active duty orders with assignment to the U.S. Army MP and Chemical School, Training Center and Fort McClellan, Fort McClellan, AL. He entered active duty on 6 January 1997. 4. On 9 May 1997 the applicant completed the MP OBC and was awarded AOC 31A. 5. On 16 February 2001, he completed the MP Captain's Career Course. 6. On 29 May 2007, the Deputy Chief of Staff, G-8, issued a memorandum assigning the applicant to duty in AOC 50A. 7. On 7 September 2007 he completed the applicable training and was awarded AOC 50A. 8. On 31 May 2010 the applicant retired. His DD Form 214 shows his AOCs as “31A Military Police – 9 [years] 11 [months]” and “50A Force Development – 3 [years] 5 [months].” REFERENCES: 1. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states for item 11 (Primary Specialty) to enter the titles of all AOCs in which the officer served during the current period for at least 1 year and include for each AOC the number of years and months served. For time determination, 16 days or more count as a month. DISCUSSION: 1. The applicant was awarded AOC 31A on 9 May 1997 with his completion of MP OBC. 2. The applicant was assigned to duty in the AOC 50A on 29 May 2007 and was officially awarded AOC 50A on 7 September 2007 with his completion of the required training. 3. The elapsed period between his award of the AOC 31A (9 May 1997) and his assignment to duty in the AOC 50A (29 May 2007) is 10 years and 20 days (rounds to 10 years and 1 month). 4. The elapsed period between his award of the AOC 31A (9 May 1997) and his completion of training for AOC 50A (7 September 2007) is 10 years, 3 months, and 29 days (rounds to 10 years and 4 months). 5. The elapsed period between his assignment to duty in the AOC 50A (29 May 2007) and his last day of service is 3 years and 2 days. 6. The elapsed period between his completion of the FASO/Force Management Qualification course (7 September 2007) and his last day of service is 2 years, 8 months, and 24 days [rounded to 2 years and 9 months]. 7. Assignment to duty in an AOC is not the same as official award of an AOC. 8. The evidence does not support the periods of service in his AOCs he claims to be correct. The evidence also shows his DD Form 214 does not accurately list the periods he officially served in these AOCs. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009844 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009844 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2