IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080008033 


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 correction of Item 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all civilian and military schools he attended from 1957 to 1984. 

2.  The applicant states, in effect, that his civilian and military courses, specifically those required to be a recruiter, were omitted from his DD Form 214, due to an administrative oversight.

3.  The applicant did not provide any additional documentary evidence 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 17 September 1956.  He was subsequently ordered to active duty for training (ADT) on 27 July 1957, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 94B (Food Service Specialist).  He was honorably released from ADT on 26 January 1958.

3.  The applicant’s records also show he executed a series of extensions and/or reenlistment in the USAR and entered the Regular Army on 15 October 1976.  He was placed on the Retired List on 15 September 1984 in his retired grade of master sergeant (MSG)/E-8, by reason of permanent physical disability.

4.  Item 14 of the applicant’s DD Form 214, dated 14 September 1984, shows the entry “None/Nothing Follows.” 

5.  The applicant’s records show that during the period covered by his DD Form 214, he completed the following military courses:

	a.  the Reserve Component Recruiting Course, Fort Benjamin Harrison, Indiana, completed on 29 October 1976;

	b.  the 97th Army Reserve Command (ARCOM) Recruiting and Retention Orientation Course, from 15 November 1976 to 17 November 1976; and

	c.  the Counselor Selling Course, at an unknown civilian institution, completed on 6 November 1976.

6.  The applicant’s records also show that prior to assuming his duties as a recruiter and prior to entering active duty, the applicant completed the following military courses of training:

	a. the USAR Recruiting School, Fort Benjamin Harrison, Indiana, from 13 July 1975 to 17 July 1975; and

	b.  the USAR Recruiting School, Hampton, Virginia, from 25 September 1976 to 26 September 1976.  

7.  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.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation governs the preparation 

of the DD Form 214.  In the version in effect at the time, it states for Item 14 of the DD Form 214 lists formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  This entry is obtained from the Soldier’s records and includes the course 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.  When in doubt, refer to the course description in DA Pam 351-4 to determine its usefulness to the soldier after transitioning from the Army.

DISCUSSION AND CONCLUSIONS:

1.  With respect to listing the applicant’s military training courses from 1957 to 1984, the applicant’s DD Form 214 only covers a period from 15 October 1976 to 14 September 1984.  The regulation in effect at the time required the listing of training courses successfully completed during the period of service covered by the DD Form 214.  There is no provision to list training courses completed outside the period covered by the DD Form 214.

2.  With respect to the applicant’s military training courses completed during the period covered by the DD Form 214, the evidence of record shows that the applicant completed the following military training courses:

	a.  the Reserve Component Recruiting Course at Fort Benjamin Harrison, Indiana, on 29 October 1976.  However, the applicant’s certificate of training does not indicate the duration or length in weeks.  Therefore, there is insufficient data to show this course on the applicant’s DD Form 214; and

	b.  the 97th Army Reserve Command (ARCOM) Recruiting and Retention Orientation Course, from 15 November 1976 to 17 November 1976.  This course was only 3 days in duration.  There is no provision to list military training courses that are less than one week in length on the DD Form 214.  

3.  With respect to the applicant’s civilian education, the evidence of record shows that the applicant completed the Counselor Selling Course, at an unknown civilian institution, completed on 6 November 1976.  However, there is no provision to list civilian education on the DD Form 214.







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)                                         AR20080008033



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ABCMR Record of Proceedings (cont)                                         AR20080008033



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