RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 10 April 2007
DOCKET NUMBER: AR20060013622
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Kenneth L. Wright | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Ms. Ernestine I. Fields | |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 item 14 (Military Education (Course title,
number of weeks, and month and year completed)) of her DD Form 214
(Certificate of Release or Discharge from Active Duty) be corrected to show
she completed the Primary Leadership Development Course (PLDC) and on-the-
job training (OJT) in military occupational specialty (MOS) 75B (Personnel
Administration Specialist).
2. The applicant states that PLDC and her OJT in MOS 75B is listed on Army
Knowledge Online; however, it is not reflected on her DD Form 214.
3. The applicant provides a 5-page Verification of Military Experience and
Training.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 1 December 1992. The application submitted in this case is
dated 11 September 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 applicant’s failure to timely file.
3. The applicant’s complete records from her Regular Army service are not
available.
4. The applicant enlisted in the Regular Army on 1 October 1986. She
completed basic training and advanced individual training and was awarded
MOS 91A (Medical Specialist).
5. The applicant completed PLDC (a 4-week course) on 18 September 1991.
6. The applicant provided a 5-page Verification of Military Experience and
Training that shows her “duty occupation” was 75B from December 1991
through December 1992.
7. On 1 December 1992, the applicant was honorably released from active
duty. Item 14 of her DD Form 214 shows she completed only the 10-week
Medical Specialist Course in March 1987.
8. Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army. It establishes standardized policy for the
preparation of the DD Form 214. The instructions for completion of item 14
in the regulation in effect at the time were to list in-service training
courses (title, number of weeks, and year successfully completed during the
period of service covered by the DD Form 214. This information was to
assist the member after separation in job placement and counsel[ing];
therefore, training courses for combat skills would not be listed.
9. The instructions for completion of item 14 in the version of Army
Regulation 635-5 currently in effect are to list formal in-service (full-
time attendance) training courses successfully completed during the period
of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed the 4-week PLDC in
September 1991. This course should be added to her DD Form 214.
2. The applicant contended she completed 12 months of OJT in MOS 75B in
December 1992. Her contention appears to be confirmed by the 5-page
Verification of Military Experience and Training she provided that shows
her “duty occupation” was 75B from December 1991 through December 1992.
3. It is acknowledged that the instructions for completion of item 14 in
the regulation in effect at the time were to list in-service training
courses, title, number of weeks, and year (the form itself called for month
and year) successfully completed during the period of service covered by
the DD Form 214. However, it was generally understood that only formal
training courses would be entered in this item.
4. Otherwise, for example, when assisting the applicant in job placement
after separation (the purpose for which the item is intended), no
meaningful discrimination could be made between a Soldier who completed 6
months of OJT in MOS 75B, the applicant who completed 12 months of OJT in
MOS 75B, or
another Soldier who completed 18 months of OJT in MOS 75B. Questions could
arise as to whether the Soldier who completed 18 months of OJT was better
trained, or just took longer to learn the MOS, or just had 18 months of off-
and-on OJT and therefore was not any better trained in MOS 75B than the
Soldier who completed 6 months of OJT. This understanding appears to have
been justified based upon the later change to the regulation to
specifically require only formal in-service training courses to be listed.
5. The applicant has other records of her OJT in MOS 75B -- the 5-page
Verification of Military Experience and Training and, as the applicant
stated, Army Knowledge Online also has this information. Therefore, there
is no evidence to show she is being significantly harmed by the lack of
this entry on her DD Form 214.
6. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 December 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 November 1995. 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
__klw___ __lmd___ __eif___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file. As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending item 14 of her
DD Form 214 to add the 4-week Primary Leadership Development Course
completed in September 1991.
2. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends
denial of so much of the application that pertains to adding 12 months of
OJT in MOS 75B to item 14 of her DD Form 214.
__Kenneth L. Wright___
CHAIRPERSON
INDEX
|CASE ID |AR20060013622 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070410 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. |100.07 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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