RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  12 June 2007
	DOCKET NUMBER:  AR20070001302 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Dean L. Turnbull

Analyst

The following members, a quorum, were present:


Ms. LaVerne M. Douglas

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed the military occupational specialty (MOS) 37F1O (Psychological Operations Specialist) Course.

2.  The applicant states, in effect, that he successfully completed the course for the MOS 37F1O at Fort Knox, Kentucky.  He does not see the 37F1O on his DD Form 214.  Also, He would like to have the MOS 37F1O recorded on his DD Form 214 and his Army Training Requirements and Resources System (ATRRS) transcript.

3.  The applicant provides a copy of a letter from Headquarters, United States Army Civil Affairs and Psychological Operations Command (Airborne), dated  
28 September 2006 and a copy of his ATRRS printout.  The letter was inquiring to the applicant to submit his paperwork to show that he attended and completed the course at Fort Knox, Kentucky.  The ATRRS printout shows the location of the school at "USA Reserve Forces School, Cleveland, Ohio."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 16 October 1991.  The application submitted in this case is dated 21 January 2007.

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 military service records show that he entered active duty on 31 March 1989.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty 16R1O (Vulcan Crewmember).  He was honorably released from active duty on 16 October 1991, after serving 2 years, 6 months, and 16 days of active service.

4.  He was then transferred to the United States Army Reserves (USAR) Control Group.  His records show that he enlisted into the Ohio Army National Guard (ARNG) on 8 March 1993.  On 1 February 1996, the applicant was discharged from the Ohio Army National Guard after serving 2 years, 10 months, and  
24 days.  He was then transferred to the USAR Control Group.

5.  On 2 May 1997, he was released from the USAR Control Group and was assigned to the Headquarters and Headquarters Company (HHC), 2nd Psychological Operation Group, Parma, Ohio.

6.  The records show that the applicant was assigned to a vacant position for MOS 37F1O.  In order to qualify for that position the applicant had to complete the required MOS 37F1O training.

7.  A copy of two DA Forms 1059 (Service School Academic Evaluation Report) shows that the applicant attended 37F1O Phase I/II Psychological Operations Course at the "6/84th BN (CA/PO), Parma, Ohio" during the period 3-30 August 1997.  However, there is no orders to show that he was awarded the MOS 37F1O, or that he attended the Psychological Operations Course at Fort Knox, Kentucky.

8.  Army Regulation 635-5 (Personnel Separation) states, in pertinent part, enter the primary MOS or Area of Concentration (AOC), and additional MOS/AOC for the period of one year or more, during the Soldiers continuous active military service.  For each MOS/AOC list the title with the years and months served for that period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his DD Form 214 be corrected to show the MOS  
37F1O and to have it recorded on his ATRRS transcript.

2.  Evidence of records show that the applicant was separated from active duty on 16 October 1991 prior to attending the 37F1O Phase I/II Psychological Operations Course at the 6/84th BN (CA/PO), Parma, Ohio.  Because the applicant attended this course after he was separated from active duty, the MOS 37F1O could not have been recorded on his DD Form 214 after the fact.

3.  Additionally, once the applicant was released from HHC, 2nd Psychological Operation Group and reassigned to the USAR Control Group, he would not have received a DD Form 214.  Therefore, he is not entitled to correction of his records to show the MOS 37F1O on his DD Form 214.

4.  The applicant completion of the 37F1O Phase I/II Psychological Operations Course is recorded on his Service School Academic Evaluation Report.  Therefore, there is no need to add this entry to the ATRRS transcript.  Also, the Board is not responsible for correcting the ATRRS transcript.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 16 October 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on  
15 October 1994.  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

___lmd__  ___rmn__  ___eem__  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.




________LaVerne M. Douglas______
          CHAIRPERSON




INDEX

CASE ID
AR20070001302
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070612
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.

2.

3.

4.

5.

6.