IN THE CASE OF:
BOARD DATE: 28 August 2008
DOCKET NUMBER: AR20080008856
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to add his overseas service in Grenada and his completion of Sniper School.
2. The applicant states that he served in Grenada from December 1984 to February 1985 and completed the Sniper School at Fort Campbell, Kentucky.
3. The applicant provides copies of his DD Form 214, Honorable Discharge Certificates, Certificate of Achievement for his service in Grenada, and his Certificate of Training for completing Sniper School.
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. On 5 December 1983, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty (MOS) 19D (Cavalry Scout).
3. On 11 April 1984, the applicant was assigned duty as a scout with A Troop, 2nd Squadron, 17th Cavalry Regiment, Fort Campbell, Kentucky.
4. The applicant has provided a copy of a Certificate of Achievement, awarded to him by the Commander, United States Military Support Element Grenada, dated 11 February 1985, It cites the applicant for his outstanding service and achievement while assigned as a cavalry scout with the 2nd Battalion, 17th Cavalry Regiment, in Grenada, West Indies, during the period from 12 December 1984 to 13 February 1985 [2 months and 2 days].
5. The applicant has provided a copy of a training certificate showing he had completed the 160 hour Sniper School at Fort Campbell, Kentucky during the period from 2 to 27 June 1986.
6. On 25 September 1987, the applicant was enrolled in the Construction Equipment Repairer Course, MOS 62B, at Fort Leonard Wood, Missouri. He completed this training on or about 25 November 1987.
7. On 6 January 1988, the applicant was assigned for duty as a construction equipment repairer with the 44th Engineer Battalion, in the Republic of Korea. On 8 January 1989, he returned to the United States. He had served in the Republic of Korea for a period of 1 year and 3 days.
8. On 9 March 1990, the applicant was discharged from the Regular Army. He had completed 6 years, 3 months, and 5 days of creditable active service.
9. Item 12 (Record of Service) of the applicants DD Form 214 shows in block 12f his foreign service as 1 year and 3 days.
10. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, that the total amount of foreign service completed during the current period of active duty to be entered in block 12f (Foreign Service).
11. Army Regulation 635-5 further provides, in pertinent part, for recording military education in Item 14 of the DD Form 214. Those full time, formal,
in-service courses listed in the Soldiers records that were successfully completed during the period of service covered by the DD Form 214 are to be entered. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling. Therefore, training courses for combat skills are not listed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record and the evidence provided by the applicant convincingly shows that he served in Grenada for 2 months and 2 days; and in the Republic of Korea for 1 year and 3 days. It further shows that his DD Form 214 does not account for his service in Grenada.
2. In view of the above, the applicants DD Form 214 should be corrected to add his 2 months and 2 days of foreign service in Grenada to block 12f.
3. The Sniper School was training for a combat skill and, as such, is not authorized for listing on the DD Form 214. Therefore, the applicants request to add this training to his DD Form 214 should be denied.
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 showing in block 12f (Foreign Service) of his DD Form 214 his foreign service as 1 year, 2 months, and 5 days.
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 adding the applicants completion of Sniper School to his DD Form 214.
__________ _ 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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080008856
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