IN THE CASE OF:	  

		BOARD DATE:	
		DOCKET NUMBER:  AR20080005504 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction to Item 18 (Remarks), of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and his 201 File (Personnel Qualification Record), to include all of the courses and training he completed.

2.  The applicant states, in effect, his DD Form 214 should reflect he completed the Headstart to German in 1988, the Submarine Escape and Dive Training in 1992, and the Aircraft Electrician training in 1989.  He also states that because the Headstart to German was conducted by the Department of the Army it could give him college credit if properly identified on his DD Form 214.  For the Submarine Escape and Dive Training it was conducted at a naval air station and was part of his training while in the Task Force, 160th Aviation Regiment.  No matter what the timeframe, his records should reflect any and all training he received through the Department of Defense.  

3.  In support of his application, the applicant provides copies of his Personnel Qualification Record, his Special Duty Medical Abstract, his Sixty-Four Hour Aviation Intermediate Maintenance Course completion certificate of training, and his DD Form 214.

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 applicant’s 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 applicant’s 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 record shows he enlisted in the Regular Army, in pay grade E-1, on 1 December 1987.  He completed basic and advanced individual training and was awarded military occupational specialty 68R, Avionic Radar Repairer.  He was promoted to pay grade E-4 on 1 February 1990.

3.  The applicant submits a copy of his Certificate of Training that shows he completed the Sixty-Four Hour Aviation Intermediate Maintenance Course in August 1991.  This course is shown on his DD Form 214.

4.  The applicant also submits a copy of his Special Duty Medical Abstract that shows was enrolled in Submarine Escape and Diving Training on 14 August 1992. The form does not list the duration of the training nor does it indicate that the training was successfully completed.

5.  The applicant's Personnel Qualification Record – Part II, Item 17 (Civilian Education and Military Schools), shows he completed the Avionic Special  Equipment Repairer Course, 24 weeks, in 1988; the German Headstart Course, 1 week, in 1988; the Aircraft Electrician Course, 22 hours, in 1989; and the CECOM, 2 weeks, in 1991.

6.  The applicant was honorably discharge on 20 May 1993.  Item 14 (Military Education) and Item 18 (Remarks), of his DD Form 214, shows he completed the Avionic Radar Repairer, 24 weeks (September 1988), the Avionic Special Equipment Repairer Course, 22 weeks (August 1988); the Aviation Intermediate Maintenance Course, 2 weeks (August 1991), the CECOM AN/AVS-6(V)(AN-VIS) Course, 1 week (February 1992); the Motorola Operator and Maintenance Training Course (AN/URC-101-110), 1 week (April 1992), the Radar 1400C Weather Radar System Theory and Maintenance, 1 week (May 1992); and the Special Operations Aviation Basic Qualification Training Course, 4 weeks (July 1991).

7.  Army Regulation 635-5, in effect at the time, prescribed the preparation policy for separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation specified that Item 14 would list resident and military school training courses of 40 hours or more successfully completed during the period of service and show the year completed.  This information was to assist the Soldier in job placement and counseling; therefore, training courses for combat skills were not listed.

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record the applicant is entitled to correction of his DD Form 214, Item 14, to show the completion of the Headstart to German, 40 hours, (September 1988).

2.  His records show he completed 22 hours of the Aircraft Electrician Course in 1989.  In accordance with regulatory guidance, this course is not authorized for entry on his DD Form 214.  Therefore, he is not entitled to correction to his DD Form 214 to show this course.

3.  There is no evidence of record to show that the applicant successfully completed and the evidence submitted by the applicant also fails to note the duration of the Submarine Escape and Diving Training.  In the absence of evidence to show this training was authorized and successfully completed in accordance with regulatory guidance for entry on the DD Form 214, he is not entitled to its addition to his DD Form 214.

4.  It is noted that the applicant's Personnel Qualification Record does not include all of courses listed on his DD Form 214; however, the applicant signed his Personnel Qualification Record on 6 September 1988, certifying the entries on the form were correct.  The Personnel Qualification Record was prepared and maintained for active Army enlisted personnel.  As the applicant no longer has a military status and his DD Form 214 is the document used to record the military history of a separated individual, to add entries to the applicant's qualification record at this point would serve no useful purpose.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x___  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.  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, dated 20 May 1993, Item 14 (Military Education) and Item 18 (Remarks), to show the completion of the Headstart to German, 40 hours, (Sep 88) and by providing him a corrected separation document listing the correct information. 

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 amending his DD Form 214, Item 14 and Item 18, to show completion of the Aircraft Electrician Course and the Submarine Escape and Diving Training; and any corrections or additions to his Personnel Qualification Record.



      __________x____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005504



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ABCMR Record of Proceedings (cont)                                         AR20080005504


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