RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           15 November 2005
      DOCKET NUMBER:  AR20050004061


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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, in effect, that his military education be
properly documented on his 14 September 1995 separation document (DD Form
214).

2.  The applicant states, in effect, that the omission of 329 cumulative
credit hours of military education unjustly and adversely affects his
record, which is viewed by all potential employers.  He further states that
this record will also be reviewed and evaluated as he attempts to again
serve in the military.

3.  In support of his request, the applicant provides sub-course credit
reports for the sub-courses listed on the index he provides with his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 14 September 1995.  The application submitted in this case
is dated 11 March 2005.

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’s record shows he served in the Army National Guard from
16 August 1994 through 17 December 1999, at which time he was honorably
discharged in the rank of specialist (SPC).

4.  The applicant’s Military Personnel Records Jacket (MPRJ) includes a
DD Form 214 that shows that while a member of the ARNG, the applicant
entered active duty on 10 January 1995.  He remained on active duty for
8 months and 5 days until 14 September 1995, at which time he was released
from active duty and returned to his ARNG unit.  Item 14 (Military
Education) contains the entry “None”.

5.  The applicant provides grade reports for military correspondence sub-
courses he completed in 1997 and 1998.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

7.  Chapter 2 of the separation documents regulation contains item-by-item
instructions for preparing the DD Form 214.  The instructions for Item 14
states that all formal in-service (full-time attendance) training courses
successfully completed during the period of service covered by the DD Form
214 will be listed (As an exception to full-time attendance, list Command
and General Staff College and Senior Service Colleges completed by
correspondence courses.) Include title, length in weeks, and year
completed. This information is to assist the Soldier in job placement and
counseling; therefore, do not list training courses for combat skills.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to add military correspondence sub-courses to
Item 14 of his 14 September 1995 DD Form 214 and the supporting evidence he
provided were carefully considered.  However, there is an insufficient
evidentiary basis to support granting the requested relief.

2.  By regulation, only formal (full-time attendance) courses completed
during the period covered by the DD Form 214 will be entered in Item 14.
In this case, the sub-courses the applicant requests be added to his DD
Form 214 were correspondence courses he completed more than two years after
the ending date of the separation document in question.  Therefore, there
is an insufficient evidentiary basis to support granting the requested
relief.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 September 1995, the date of his
release from active duty.  Therefore, the time for him to file a request
for correction of any error or injustice expired on 13 September 1998.
However, he failed to 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

___SK __  ___JTM__  ___RLD    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.




            ____Stanley Kelley______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004061                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/09/14                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Completion of required service.         |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  1021 |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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