IN THE CASE OF:	  

		BOARD DATE:	  19 April 2011

		DOCKET NUMBER:  AR20100025640 


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 214WS (DD Form 214 Worksheet) for the period ending 11 December 2004 to show he completed the Primary Leadership Development Course (PLDC) in 1988 and the Basic Noncommissioned Officer Course (BNCOC) in 2002.

2.  The applicant states:

* he attended the 2-week PLDC in 1988 and the 2-week BNCOC in 2002
* his unit had numerous staff changes when they redeployed back to United States in 2004
* the unit might have lost his file during his enlistment at the
2632nd Transportation Company in San Bruno, CA

3.  The applicant provides:

* a DD Form 214WS for the period ending 11 December 2004
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 May 2002

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.  Having prior service in the Regular Army and the U.S. Army Reserve, he enlisted in the Army National Guard on an unknown date.

3.  A DA Form 1059 (Service School Evaluation Report) shows he completed PLDC on 23 July 1988.

4.  He provided a DD Form 214 for the period ending 24 May 2002.  Item 14 of this DD Form 214 shows he completed the 4-week BNCOC in 2001.  

5.  He provided a DD Form 214WS which covers the period 10 February 2003 through 11 December 2004.  However, his record contains a DD Form 214 that covers the period 10 February 2003 through 22 July 2005.  Item 14 of this
DD Form 214 shows the entry "NONE//NOTHING FOLLOWS."

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he completed the 2-week PLDC in 1988 and the
2-week BNCOC in 2002.

2.  Since the governing regulation states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered, there is no basis for granting the applicant's request to show courses he completed prior to his entry on active duty on 10 February 2003.

3.  It is noted his DD Form 214 for the period ending 24 May 2002 shows he completed the 4-week BNCOC in 2001.

4.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

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)                                         AR20100025640



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ABCMR Record of Proceedings (cont)                                         AR20100025640



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