ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20180005979 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 November 1979 to reflect his Additional Skill Identifier (ASI) V5 (Military Police Investigation (MPI)) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the united States Report of Transfer or Discharge 2 August 1970 * DD Form 214 for the period ending 29 November 1979 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his MPI School provided him with an ASI. He attended Fort Gordon, GA for this school in 1974 and it is not identified on his DD Form 214’s. The training was approximately 12 weeks and because it is not on his DD Form 214, it does not accurately identify his training and skills. 3. The applicant provides DD Forms 214, which do not reflect his ASI of V5. 4. A review of the applicant’s service record shows: a. The applicant enlisted in the Virginia Army National Guard (VAARNG) in February 1970. b. A DD Form 214 shows the applicant was ordered to active duty training on 3 April 1970. He completed military occupational specialty (MOS) training for light air defense artillery crewmember (16F). He was released from active duty and transferred back to his VAARNG unit on 2 August 1970. c DA Form 2-1 (Personnel Qualification Record – Part II) item 17, shows he completed 8 weeks of training at USASIGS for the MPI course in 1974, and the Noncommissioned Officer’s Academy in 1975. Item 35 shows various assignments with MOS 95B20V5. d DD Form 214 (Report of Separation from Active Duty) for the period ending 29 November 1976 shows he separated for immediate reenlistment. The DD Form 214 shows he completed the Military Policeman Course (95B). The form does not show he completed training for ASI V5. e. He was discharged on 29 November 1979. His DD Form 214 does not reflect the V5 ASI. 5. Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 11 of the DD Form 214 shows the MOS’s held at the time of separation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions were carefully considered. Evidence of record shows he completed the ASI V5 course in 1974; however, the ASI was not listed on his DD Form 214 for the period ending 29 November 1976. Based upon a preponderance of the evidence, the Board agreed the training should reflect on his DD Form 214 covering the period in which the training was completed. The Board determined regulatory guidance does not provide for listing training on DD Forms 214 when the training was not completed during the period covered. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending item 27 (Remarks) of his DD Form 214 for the period ending 29 November 1976 by adding the entry “USASIGS, Military Police Investigation Course, 8 Weeks, 1974.” 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 adding ASI training to his DD Form 214 for the period ending 29 November 1979. 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows his DD Forms 214 omitted administrative entries in the Awards and Remarks sections. As a result, amend DD Form 214 for the period ending 29 November 1976 by adding in item 26 the Noncommissioned Officer Proficiency Development Ribbon; and amending item 13 of his DD Form 214 for the period ending 29 November 1979 by adding the Noncommissioned Officer Proficiency Development Ribbon. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents) prescribed the policies and procedures for the preparation of separation forms. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear- cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 11 of the DD Form 214 shows the MOS’s held at the time of separation. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180005979 4 1