IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080006595 


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 the issuance of an Honorable Discharge Certificate that shows he is an infantry officer instead of a field artillery officer, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 30 January 1995, as follows:

	a.  Item 12f (Foreign Service) to show “03  00  03” instead of “01  11  25”; and

	b.  Item 14 (Military Education) to show the Infantry Officer Basic Course, the Infantry Mortar Platoon Officer Course, the Tube-Launched, Optically-Tracked, Wire-Guided (TOW) Missile Leader Course, the Airborne Course, and the Infantry Officer Advanced Course.

2.  The applicant also requests that a copy of his DA Form 201 (Military Personnel Records Jacket) as well as copies of course completion certificates be mailed to him or to his father.

3.  The applicant states that he is applying for a Federal job and needs his DD Form 214 to be accurate.  

4.  The applicant provides a copy of his DD Form 214, dated 30 January 1995, and a self-authored letter, dated 20 March 2008, in support of his application.




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 records show he enlisted in the U.S. Army Reserve (USAR) on 14 December 1984.  He was subsequently ordered to active duty for training (ADT) on 21 May 1985.  He completed the one station unit training (OSUT) basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Heavy Anti-armor Weapons Crewman).  He was honorably released from ADT to the control of his USAR unit on 22 May 1985.

3.  On 19 April 1988, the applicant was discharged from the USAR (Reserve Officer Training Corps (ROTC) Cadet) for the purpose of accepting a commission in the USAR, effective 5 May 1988.

4.  On 6 May 1988, the applicant was appointed as an infantry commissioned officer in the USAR, in the rank of second lieutenant.  He executed an oath of office on the same day and subsequently completed the Infantry Officer Basic Course on 28 April 1989.

5.  On 9 August 1989, the applicant was ordered to active duty as an obligated volunteer officer for a period of 3 years.  He entered active duty on 4 September 1989 and subsequently completed the 3-week Basic Airborne Course in October 1989.

6.  The applicant’s records further show that he served in Germany from 9 October 1990 to 27 July 1993, as follows:

   a.  he was assigned to the 3rd Battalion, 8th Infantry Regiment, from 9 October 1990 to 23 September 1991;
   
   b.  he was assigned to Headquarters and Headquarters Company, 2nd Brigade, 8th Infantry Division, from 24 September 1991 to 9 February 1992; 

   c.  he was assigned to Company B, 5th Battalion, 502nd Infantry, from 9 February 1992 to 27 July 1993; and

   d.  he departed Germany on 12 October 1993, enroute to Fort Benning, Georgia.

7.  On 7 November 1993, the applicant enrolled in the Infantry Officer Advanced Course at Fort Benning, Georgia.  He successfully completed this course on 14 April 1994.

8.  Section VI (Military Education) of the applicant’s Officer Record Brief (ORB), dated 11 January 1994, shows entries for the Basic Airborne Course, 1990; TOW Trainer, 1990; Infantry Officer Basic Course, 1989; and the Infantry Mortar Platoon Officer Course, 1989.

9.  The applicant was honorably released from active duty on 30 January 1995.  Item 12 of the DD Form 214 he was issued at the time of his release from active duty shows the entry “01  11  25,” and Item 14 show the entry “None.”

10.  In his self-authored statement, dated 20 March 2008, the applicant states that his DD Form 214 contains several errors, specifically his military education.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  Information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states in pertinent part that Item 12f is obtained from the Soldier’s records and shows the total amount of foreign service completed during the period covered in block 12c. Item 14 shows the Soldier’s Military Education, formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This item includes title, length in weeks, and year completed.  This information is to assist the soldier in job placement and counseling; therefore, do not list training courses for combat skills.  




DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s Honorable Discharge Certificate, although the applicant did not provide the Honorable Discharge Certificate that shows the alleged error, the Board accepts his contention that his Honorable Discharge Certificate contains an erroneous branch.  The evidence of record shows that the applicant served as an infantry officer from 4 September 1989 until he was honorably released from active duty on 30 January 1995.  Therefore, he is entitled to issuance of an Honorable Discharge Certificate that shows the correct branch he served in.

2.  The available evidence shows the applicant’s overseas service includes service in Germany from 9 October 1990 to 12 October 1993, this service equals 3 years and 3 days, which is incorrectly shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this foreign service.

3.  The available evidence shows the applicant completed the following courses: 

   a.  the infantry officer basic course on 28 April 1989, prior to his entry on active duty; therefore, this course would not be included on the applicant’s DD Form 214;

   b.  the Infantry Mortar Platoon Officer Course in 1989 and the TOW Trainer Course, in 1990; however, both military training courses are considered training courses for combat skills, and would not be included on the DD Form 214;

	c.  the 3-week Basic Airborne Course in 1989 and the 22-week infantry officer advanced course in 1994, which are not shown on his records; therefore, he is entitled to correction of his records to show these courses.  

4.  Regarding the applicant’s request for copies of his course completion certificates and 201 File, the National Personnel Records Center, Military Personnel Records (NPRC-MPR) is the repository of millions of military personnel, health, and medical records of discharged and deceased veterans of all services during the 20th century.  The applicant may contact this organization by writing to the National Personnel Records Center, Military Personnel Records
9700 Page Avenue St. Louis, MO 63132-5100 to request a copy of his records.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__XXX __  __XXX__  __XXX__   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:

   a.  deleting the entry “01  11  25” from Item 12f of the applicant’s DD Form 214 and replacing it with the entry “03  00  03”;

   b.  adding the entries “Airborne Course, 3 weeks, 1989” and “Infantry Officer Advanced Course, 22 weeks, 1994”; and

	c.  issuing a new Honorable Discharge Certificate that shows the applicant’s correct branch.

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 showing the Infantry Mortar Platoon Officer Course and the TOW Trainer Course.  




      ___        XXX                ___
                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)                                         AR20080006595



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ABCMR Record of Proceedings (cont)                                         AR20080006595



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