RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         24 FEBRUARY 2005
      DOCKET NUMBER:  AR20040002374


      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:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Jonathon Rost                 |     |Member               |

      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 DD Form 214 (Report of Transfer or
Discharge) be corrected to reflect completion of a sniper school course and
advanced individual training (AIT).

2.  The applicant states that his DD Form 214 does not reflect this
information.

3.  The applicant provides a copy of his DD Form 214 and a copy of a
certificate showing completion of a sniper school course.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 25 March 1971.  The application submitted in this case is
dated       1 June 2004.

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 limitations 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 was inducted into the Army on 24 July 1969.  He completed
basic combat training at Fort Bragg, North Carolina, and AIT training as an
infantryman at Fort McClellan, Alabama, and in January 1970 was assigned to
the 4th Battalion, 3rd Infantry of the 11th Infantry Brigade in Vietnam.
The certificate he submits with his request shows that he completed a
sniper school course at the Americal Combat Center on 22 April 1970.

4.  The applicant returned to the United States and was released from
active duty at Fort Lewis, Washington on 25 March 1971.  His DD Form 214
does show that he completed light weapons infantry training (AIT) at a
USATCINF (United States Army Training Center Infantry).  It does not show
completion of the sniper school course.

5.  Army Regulation 635-5, in effect at that time, prescribes the policy
for the preparation of separation documents, to include DD Form 214.  That
regulation states, in part, that the remarks section of DD Form 214 will be
used to list formal in-service training courses successfully completed
during this period of service (the present period of service); e.g.,
medical and dental, electronics, supply, administration, personnel, or
heavy equipment operations.  This information is to assist in employment
placement and job counseling, so training courses for combat skills will
not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 214 does show that he completed AIT.
Consequently, no action is required by the Board in this regard, and this
matter will not be further addressed.

2.  There is no requirement to list training courses for combat skills on
the        DD Form 214.  Consequently, the sniper school course which he
completed is not required to be listed on his DD Form 214.  Therefore, his
request that this course be reflected on his DD Form 214 is not granted.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         24 March 1974.  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 FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RW__  ___YM __  ___JR  __  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.




                                  ___Yolanda Maldonado___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002374                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040224                                |
|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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