IN THE CASE OF: BOARD DATE: 2 September 2010 DOCKET NUMBER: AR20100007500 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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect in item 14 (Military Education) that he completed the Infantry Officer Basic Course (IOBC), the Infantry Officer Advanced Course (IOAC), and the Special Forces Officer Course (SFOC). 2. The applicant states he completed the three courses and they were omitted from his DD Form 214; however, he needs these courses entered on his DD Form 214 in order to receive credits for those courses necessary to receive a teaching certificate. 3. The applicant provides copies of: * his DD Form 214 * his DA Form 1059 (Service School Academic Evaluation Report) for completion of the IOBC * his DA Form 1059 for completion of the IOAC * his DA Form 1059 for completion of the SFOC 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 was commissioned as a Regular Army second lieutenant upon graduation from the U.S. Military Academy at West Point on 5 June 1974. 3. He completed the IOBC, the IOAC, and the SFOC while on active duty and on 1 February 1983, while serving in the rank of captain, he was honorably discharged due to miscellaneous reasons (unqualified resignation). He served 8 years, 7 months, and 27 days of total active service. 4. His DD Form 214 issued at the time of his discharge shows in item 14 that he completed the "German Language Course, 32 weeks, August 1979." 5. The applicant subsequently accepted a commission in the U.S. Army Reserve and continued to serve until he was honorably discharged in the rank of colonel on 11 May 2000. He had 24 years, 11 months, and 8 days of qualifying service for retired pay purposes. 6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time stated that for item 14 of the DD Form 214, list in-service training courses by title, number of weeks, and year successfully completed during this period of service (e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations). This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. 7. Army Regulation 635-5 currently in effect still provides that training courses for combat skills will not be entered on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his completion of the IOBC, the IOAC, and the SFOC should be entered on his DD Form 214 has been noted and found to lack merit. 2. The courses in question are all combat skills courses and in accordance with the applicable regulation are not authorized for entry on the DD Form 214. Accordingly, it appears that his DD Form 214 was properly prepared and there appears to be no basis to grant his request. 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 applicant's record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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. 2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms. _________________________ 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) AR20100007500 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100