RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 March 2008
DOCKET NUMBER: AR20070014509
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. Michael J. Fowler
Analyst
The following members, a quorum, were present:
Mr. Mark D. Manning
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. Rowland C. Heflin
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with the ending period
14 December 1971 to show that he completed Sniper School.
2. The applicant states, in effect, that his DD Form 214 should reflect that he completed Sniper School in 1971, while serving in Vietnam.
3. The applicant provides an undated Army Certificate of Training.
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 enlisted in the Regular Army on 10 February 1969 and successfully completed basic training and advanced individual training. He was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. The applicant arrived in Vietnam and was assigned to D Company, 4th Battalion, 503rd Infantry, 3rd Airborne Brigade on or about 19 March 1970.
4. The applicant provides an undated Army certificate of training that shows he successfully completed the Sniper School (4-70) at Camp Radcliff, Vietnam.
5. The applicant departed Vietnam on or about 6 August 1970. He was honorably released from active duty on 14 December 1971 after completing 2 years, 10 months, and 5 days of creditable active service with no lost time.
6. The applicant's DD Form 214, item 25 (Education and Training Completed) does not show he completed Sniper School.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, provided that item 25 of the DD Form 214 would reflect service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared. For enlisted personnel, installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during period covered by the DD Form 214 being prepared would be entered.
DISCUSSION AND CONCLUSIONS:
The certificate of training contained in the applicant's military records confirms that he successfully completed the Sniper School. Therefore, his DD Form
214 should be amended to add Sniper School in item 25.
BOARD VOTE:
___MDM_ __JCR __ ___RCH_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ 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 his DD Form 214 in item 25 to add Sniper School.
___Mark D. Manning__
CHAIRPERSON
INDEX
CASE ID
AR20070014509
SUFFIX
RECON
DATE BOARDED
13 MARCH 2008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
MR. SHATZER
ISSUES 1.
107.0000.0000
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3.
4.
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6.
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