RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 April 2007
DOCKET NUMBER: AR20060012850
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. Gerard W. Schwartz
Acting Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Mr. John Slone
Chairperson
Mr. David Haasenritter
Member
Mr. John Heck
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, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 25 April 1996 to show duty assignments and that she completed a 2003 training course. She also requests a complete copy of her military records.
2. The applicant states, in effect, that her DD Form 214 does not show that she participated with the 926th Engineer Company in Huntsville, Alabama or the 326th Chemical Company in Anniston, Alabama where she received training for a new military occupational specialty (MOS) at the Chemical School.
3. The applicant provides a copy of her Army/Ace Registry Transcript System (AARTS).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged errors which occurred on
25 April 1996. The application submitted in this case is dated 23 August 2006.
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 applicants failure to timely file.
3. The applicant enlisted in the U.S. Army Reserve on 5 June 1995 for a period of 8 years. On 24 October 1995 she was ordered to active duty for training and released from active duty on 25 April 1996.
4. Item 14 (Military Education) on the applicants DD Form 214 for the period ending 25 April 1996 shows that she completed the 10-week Medical Specialist Course in 1996. This DD Form 214 does not show any duty assignments.
5. In support of her claim, the applicant provided her AARTS which shows she completed the Chemical Operations Specialist Course (Phase I) at the Chemical School in Huntsville, Alabama in 2003. A DA Form 1059 (Service School Academic Evaluation Report), dated 9 March 2003, also shows she completed Phase I of the (MOS 54B1O) Chemical Operations Specialist Course in March 2003 in Huntsville, Alabama.
6. The applicants Personnel Electronic Records Management System (PERMS) shows that on 28 September 2004 she called the U.S. Army Human Resources Command in St. Louis, Missouri for a copy of her complete military records and she was instructed to send a written request to the appropriate office.
7. Army Regulation 635-5 establishes the policies and procedures for completion and distribution of the DD Form 214. In pertinent part it states that item 14 will list formal in service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. There is no provision to enter duty assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show duty assignments on the DD Form 214, there is no basis for granting the applicants request to show two duty assignments on her DD Form 214 for the period ending 25 April 1996.
2. Evidence of record shows the applicant completed the Chemical Operations Specialist Course in March 2003. The governing regulation states that training courses completed during the period of service covered will be shown on the DD Form 214. Therefore, there is no basis for amending her DD Form 214 for the ending 25 April 1996 to show this 2003 course.
3. Evidence of record shows that in 2004 the applicant was instructed to submit a written request to the appropriate office for a copy of her military records. This Board has access only to the applicants records on PERMS, the same access the applicant has. Therefore, there is no basis for granting her request for a copy of her military records.
4. Records show the applicant should have discovered the alleged errors now under consideration on 25 April 1996; therefore, the time for the applicant to file a request for correction of any error expired on 24 April 1999. 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
JS_____ __DH____ _JH_____ 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 Slone__________
CHAIRPERSON
INDEX
CASE ID
AR20060012850
SUFFIX
RECON
DATE BOARDED
20070419
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
100.0000
2.
100.0700
3.
4.
5.
6.
ARMY | BCMR | CY2009 | 20090019326
The applicant requests, in effect, correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Block 11 (Primary Specialty) - 74D (Chemical Operations Specialist) * Block 12f (Foreign Service) - 10 months * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) * Iraqi Campaign Medal * Global War on Terrorism Service Medal * Any other awards she is entitled to receive * Block 14 (Military Education) - Chemical...
ARMY | BCMR | CY2009 | 20090014065
The applicant requests that item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in military occupational specialty (MOS) 11B (Infantryman) for 5 years and 11 months and in MOS 42L (Administrative Specialist) for 4 years and 2 months; that item 14 (Military Education) be corrected to show he completed the 11-week Infantryman Course in March 1996, the 4-week Primary Leadership Development Course (PLDC) in...
ARMY | BCMR | CY2008 | 20080013578
The applicant requests, in effect, that her military records be corrected to show that she served in the U.S. Army Reserve (USAR) from 7 January 1988 to 6 January 1996 and that she served 180 days of active duty. Under the Hazelwood Act, a Texas Veteran is one who served 180 days of consecutive active duty, excluding active duty for training; whose DD Form 214 shows Texas as his/her home of record; and who received an honorable discharge. The applicant is also advised that even if she had...
ARMY | BCMR | CY2008 | 20080004862
The applicant requests in effect, that her Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to show her service in Kuwait and Iraq; all of her training; and all of her awards. The applicant states that her service in Kuwait and Iraq are not included on her DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending her DD Form 214 to show that she was awarded the Army...
ARMY | BCMR | CY2002 | 2002076123C070215
The applicant requests that item 7b, Home of Record at Time of Entry, on her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect ____________, Montgomery, Alabama. Home of record is the place recorded as the home of record of the soldier when enlisted or ordered to a tour of active duty. That the applicant’s 30 November 1996 DD Form 214 be corrected by showing in item 7b of that form that her home of record at time of entry is ____________,...
ARMY | BCMR | CY2004 | 2004105985C070208
When he entered active duty in 1991, his Pay Entry Base Date was correctly established as 20 July 1986 by subtracting his ROTC time from his total service. The applicant enlisted in the USAR on 15 November 1984 and has had continuous service since that date. The applicant's PEBD should be corrected to 15 November 1984 and he should be authorized any pay adjustment accruing on or after 23 September 1996.
ARMY | BCMR | CY2011 | 20110010378
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: a. item 11 (Primary Specialty) that he served in military occupational specialty (MOS) 95C (corrections specialist) for 2 years and 3 months; b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) that he was awarded the Afghanistan Campaign Medal and the Southwest Asia Service Medal; and c. item 14 (Military Education) that he...
ARMY | BCMR | CY2010 | 20100018191
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 7b (Home of Record (HOR) at Time of Entry) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to change her HOR: * from Route X, Box XXX, Enid, MS 38927 * to XXXX M____ B____ D____, Apartment XXX, Huntsville, AL 35803 2. It states the HOR address entered on the enlistment contract will be the address declared by the applicant to be...
ARMY | BCMR | CY2008 | 20080000303
The DD Form 214 he was issued at the time of his discharge shows he was discharged for the good of the service, under the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations), with an Under Other Than Honorable Conditions Discharge character of service. Army Regulation 635-200 states, in pertinent part, that prior to discharge or release from active duty, individuals will be assigned RE codes, based on their service records or the reason for discharge. With respect...
ARMY | BCMR | CY2005 | 20050004381C070206
As new issues, she also requests an additional Purple Heart, the "Meritorious Medal with Bronze Star" (known as the Meritorious Service Medal (2nd award)), the Armed Forces Expeditionary Medal, the Army Good Conduct Medal (2nd award), the Valorous Unit Award, the Meritorious Unit Commendation, the Overseas Service Ribbon (3rd Award), the Kuwait Liberation Medal (Saudi Arabia), the Kuwait Liberation Medal (Iraq), the United Nations Medal, the Joint Service Achievement Medal, the Cold...