RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 17 November 2005
DOCKET NUMBER: AR20050005832
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. Michael J. Fowler | |Analyst |
The following members, a quorum, were present:
| |Mr. Lester Echols | |Chairperson |
| |Mr. John E. Denning | |Member |
| |Ms. Jeanette R. Mccants | |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 correction of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) to show he completed the Special
Operations Medical Sergeant Course.
2. The applicant states, in effect, that he is now attending college and
needs the course added to his DD Form 214 to so it may appear on his Army
American Council on Education Registry Transcript System (AARTS).)
transcript
3. The applicant provides a Course Completion Certificate, dated 3 April
1987 and an Academy of Health Science, U.S. Army transcript, dated 3 April
1987.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on
5 November 1987. The application submitted in this case is dated 1 April
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 enlisted in the Regular Army on 6 November 1984 and
successfully completed basic training and advanced individual training. He
was awarded military occupational specialty 91A (Medical Specialist).
4. The applicant was honorably separated from active duty on 5 November
1987. Item 14 of his DD Form 214 (Military Education) shows the entry
"Emergency Medical Technician Course 5 wks Mar 1986//Medical Specialist
Course 10 wks Apr 1985//Drivers Training Course 1 wk May 1987//NOTHING
FOLLOWS//."
5. The applicant submitted a Course Completion Certificate, dated 3 April
1987, that shows he completed the Special Operations Medical Sergeant
correspondence course on 3 April 1987.
6. Army Regulation 635-5 (Separation Documents), in effect at that time,
established the policies and procedures for completion and distribution of
the DD Form 214. In pertinent part it states that item 14 (Military
Education) will list formal in-service (full-time attendance) training
courses successfully completed during the period of service covered by
title, length in weeks, and month and year completed.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant completed the Special Operations
Medical Sergeant correspondence course on 3 April 1987. In accordance with
Army Regulation 635-5, non-formal training courses are not listed on the DD
Form 214. Therefore, there is no basis for correcting the applicant's DD
Form 214 to show this course.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 November 1987; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
4 November 1990. The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence 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
___LE___ __ JED _ __ JRM _ 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.
_____ Mr. Lester Echols ____
CHAIRPERSON
INDEX
|CASE ID |AR20050005832 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |17 November 2005 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |100.0700.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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