IN THE CASE OF: BOARD DATE: 5 November 2009 DOCKET NUMBER: AR20090010143 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) ending on 2 June 1995 to show completion of the Practical Nurse Course, Phases I and II. 2. The applicant states that this training should be included on his DD Form 214. 3. The applicant provides, in support of his application, copies of his DD Form 214 and DA Form 1059 (Service School Academic Evaluation Report) for Phase I and II of the Practical Nurse Course. 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’s DD Form 214, ending on 2 June 1995, shows that he served on active duty for training (ADT) as a United States Army Reserve (USAR) Soldier from 4 April to 2 June 1995. During this period of active service he completed the Patient Administration Specialist Course which is appropriately shown on his DD Form 214. 3. The DA Form 1059, dated 1 October 1995, that the applicant provided shows his performance was evaluated during Phase I of the Practical Nurse Course from 9 July to 30 September 1995. He achieved course standards. This was nonresident training. 4. The DA Form 1059, dated 1 February 1996, that the applicant provided shows his performance was evaluated during Phase II of the Practical Nurse Course from 1 October 1995 to 31 January 1996. He achieved course standards. This was nonresident training. 5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214.  It provides, in pertinent part, that 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 service at the time of release from active duty, retirement or discharge. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that his DD Form 214 should be corrected to show his Practical Nurse training. 2. The applicant’s DD Form 214 was issued on 2 June 1995 and the applicant began and completed the subject training after his release from ADT. Therefore, the nonresident, Practical Nurse training is not authorized to be entered on his DD Form 214. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement. 4. In view of the foregoing, there is no basis for granting the applicant's request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X__ ___X____ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20090010143 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090010143 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1