RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 8 November 2007
DOCKET NUMBER: AR20070007833
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
Ms. Jeanne Marie Rowan
Analyst
The following members, a quorum, were present:
Ms. Barbara Ellis
Chairperson
Mr. Jose Martinez
Member
Mr. Chester Damian
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 the course, Warrant Officer Candidate Military Development Course, be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 24 August 1984.
2. The applicant states, in effect, that he successfully completed the Warrant Officer Candidate resident school and that it should be included in Item 14 of his DD Form 214.
3. The applicant provides a copy of his Warrant Officer Candidate Military Development Course diploma from Fort Rucker, Alabama, dated 13 December 1982.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show he entered active duty on 13 September 1978.
3. A Certificate of Completion from the U.S. Army Aviation Center at Fort Rucker, Alabama, certifies the applicant completed the Warrant Officer Candidate Military Development Course (WOCMD), Class Number 83-2 on 13 December 1982.
4. On 24 August 1984, the applicant was released from active duty. He had completed 5 years, 11 months, and 12 days of active service.
5. Item 14 (Military Education) of the applicants DD Form 214, signed by the applicant, does not contain an entry for the WOCMD Course.
6. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record) shows the applicant completed the course requirements for the WOCMD Course in a six week residential program of instruction in 1982.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in Item 14. This regulation further states that the information entered in Item 14 is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills are not to be listed.
8. Army Regulation 635-5 also states, in pertinent part, the applicants signature in Item 21 (Signature of Member Being Separated) indicates the Soldier has reviewed the form and accepts the information as being correct to the best of his knowledge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 incorrectly shows his record of service, specifically his military education, was carefully considered and determined to have merit.
2. The evidence shows the applicant completed the WOCMD Course. Therefore, it would be appropriate to add this course to the applicants DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__BE ___ ___JM___ __CD ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 14 of the applicants DD Form 214 to include the entry "Warrant Officer Candidate Military Development Course, 6 weeks, 1982."
______ Barbara Ellis_________
CHAIRPERSON
INDEX
CASE ID
AR20070007833
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071108
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0700
2.
3.
4.
5.
6.
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