IN THE CASE OF:
BOARD DATE: 11 DECEMBER 2008
DOCKET NUMBER: AR20080007396
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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty), Item 14 (Military Education) to show he completed the Pathfinder Course in 1989.
2. The applicant states, in effect, the above information is missing from his
DD Form 214. He also states that he noticed it was missing when he was applying for a job.
3. In support of his application, the applicant provides no additional documentary evidence.
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 record shows he enlisted in the Regular Army, in pay grade E-1, on 22 March 1984, for 3 years. He reenlisted on 7 January 1987 for 4 years.
3. The applicant's record contains a diploma, dated 15 September 1989, for completion of the Pathfinder Course, in September 1989. His Personnel Qualification Record Part II, Item 17 (Civilian Education and Military Schools) also shows he completed the Pathfinder Course (3 weeks) in 1989 at Fort Benning, Georgia. This course is not shown on his DD Form 214.
4. The applicant was honorably discharged from active duty, in pay grade E-6, on 21 September 1990, for Physical Disability with Severance Pay. He was issued a DD Form 214 that shows in Item 14 he completed the Finance Specialist Course (7 weeks) in 1990.
5. 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 18 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. The available evidence shows the applicant completed the Pathfinder Course (3 weeks) in 1989. In accordance with regulatory guidance, his completion of such training courses for combat skills as the Pathfinder Course is not authorized to be listed in Item 14 of the DD Form 214. Therefore, it is concluded he is not entitled to correction of his DD Form 214, Item 14, to show completion of the Pathfinder Course.
2. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ 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) AR20080007396
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