RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 JULY 2006
      DOCKET NUMBER:  AR20050016501


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Edward Montgomery             |     |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, his Airborne School, Special Forces
Qualification Course, and Special Forces High Altitude Low Opening (HALO)
School be added to his DD Form 214 (Certificate of Release or Discharge
From Active Duty).

2.  The applicant states that these three schools were omitted from his DD
Form 214.

3.  The applicant provides his certificates of completion and DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 August 1984.  The application submitted in this case
is dated      9 November 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 records show he enlisted in the Regular Army on
           28 August 1980.  After completion of basic and advanced
individual training, he was awarded military occupational specialty 05B
(Radio Operator).  He was honorably released from active duty after
completion of 4 years of active federal service on 27 August 1984.

4.  The applicant provided two certificates of completion from the United
States Army Institute for Military Assistance.  The certificates verifying
that the applicant successfully graduated from the Special Forces
Qualification Course and Special Forces Military Free Fall Parachutist
Course on 23 September 1981 and           29 November 1982, respectively.
Additionally, he provided a certificate from the United States Army
Infantry School that verifies he successfully completed the Airborne
Course.  The certificate is dated 5 March 1981.


5.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to list formal in-
service (full-time attendance) training courses successfully completed
during the period of service covered by the DD Form 214 in item 14 to
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 Board acknowledges the applicant’s certificates of completion
verifying that he successfully completed Airborne School, Special Forces
Qualification Course, and Special Forces HALO School.  However, these were
combat skills training courses, and as cited above, are not to be listed on
his separation document.  Therefore, there is no error or injustice and no
basis for correction of the applicant's DD Form 214.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 August 1984; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            26 August 1987.  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

__JM ___  __JR____  __EM ___  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.




                                  ______John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016501                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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