RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           03 AUGUST 2004
      DOCKET NUMBER:  AR2004101379


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Ms. Gail Wire                     |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his 25 January 1999 DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to
include an annotatation showing that he completed a "Principles of
Epidemiology" course.

2.  The applicant states that he was informed that a correction could not
be made because the course was considered a college course.  He states that
the "Principles of Epidemiology" course was not a college course, but a
type course similar to the "Industrial Hygiene Tech Course" shown on his DD
Form 214.

3.  The applicant provides a copy of his DD Form 214, a copy of an
information paper, titled "Principles of Epidemiology," and a 10 June 1998
certificate showing that he completed a self-instructional course in
Principles of Epidemiology.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 January 1999.  The application submitted in this case
is dated     24 June 2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's DD Form 214 shows that he entered active duty on
7 September 1989 and was discharged because of a physical disability on
   25 January 1999.  Item 14 of his DD Form 214 lists the military
education courses that he completed, to include the course title, number of
weeks of the course, and the month and year the course was completed.

4.  Department of the Army Pamphlet 351-4, the Army Formal Schools Catalog,
is the official source of information on formal courses of instruction
offered at Army schools and training centers.  One of the courses indicated
in that pamphlet is a two week "Basic Industrial Hygiene Techniques"
course, conducted at the Academy of Health Sciences.  That pamphlet does
not list a "Principles of Epidemiology" course.

5.  Army Regulation 635-5 provides instructions for the completion of the
       DD Form 214 and states that formal in-service (full time attendance)
training courses successfully completed with be entered in item 14, the
military education portion of that form.

DISCUSSION AND CONCLUSIONS:

1.  Unlike the Industrial Hygiene Techniques course that the applicant
successfully completed, the Principles of Epidemiology self-instructional
course that he completed is not a formal in-service training course.  There
is no requirement to show completion of that course on his DD Form 214.
The applicant's request is not granted.

2.  The applicant has submitted neither probative evidence nor a convincing
argument in support of his request.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 January 1999; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         24 January 2002.  However, the applicant did
not file within the 3-year statute of limitations and has not provided a
compelling explanation or evidence to show that it would be in the interest
of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___JM  __  ___GW  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            _____Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101379                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040803                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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