Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080008856
Original file (20080008856.txt) Auto-classification: Approved

	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 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.  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 applicant’s 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 Soldier’s 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 applicant’s 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 applicant’s 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080008856



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2010 | 20100000717

    Original file (20100000717.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 January 1992 to show: * Combat Infantryman Badge * Korea Defense Service Medal * Master Parachutist Badge * Marksmanship Sniper Course * Drop Zone Support Team Leader Course * Survival, Evasion, Resistance, and Escape (SERE) Course 2. There are no orders in the applicant's records awarding him the Combat Infantryman Badge or the Master Parachutist Badge. As a...

  • ARMY | BCMR | CY2012 | 20120003444

    Original file (20120003444.txt) Auto-classification: Denied

    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. His DA Form 2-1 (Personnel Qualification Record – Part II) shows the following entries: * item 5 (Overseas Service) is blank * item 35 (Record of Assignment) – he was assigned to Troop C, 2nd Squadron, 17th Cavalry, Fort Campbell, KY, on or...

  • ARMY | BCMR | CY2003 | 2003088390C070403

    Original file (2003088390C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service in Grenada, West Indies and Egypt. However, in accordance with Army Regulation 635-5, Recondo Courses are not entered under education and training of the DD Form 214 because training course for combat skills are not listed on the DD Form 214. That so much of the application as it relates to correction of his DD Form 214 to show overseas service in Egypt...

  • ARMY | BCMR | CY2008 | 20080016668

    Original file (20080016668.txt) Auto-classification: Approved

    The applicant states that his DD Form 214 does not reflect his service in Korea, but his orders and discharge document show foreign service. The applicant provides the following documents in support of his application: a copy of his DD Form 214; his reassignment orders to Korea, dated 8 April 1992; a U.S. Department of Defense, Office of the Assistant Secretary of Defense (Public Affairs), News Release announcing the Korea Defense Service Medal; an electronic message, dated 15 November...

  • ARMY | BCMR | CY2005 | 20050003015C070206

    Original file (20050003015C070206.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (First Oak Leaf Cluster), the Multinational Force and Observers (MFO) Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon and the Air Assault Badge. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board...

  • ARMY | BCMR | CY2007 | 20070000274

    Original file (20070000274.txt) Auto-classification: Approved

    The DD Form 214 (Certificate of Release or Discharge from Active Duty) the applicant was issued at the time of his discharge confirms he was discharged and his characterization of service was under other than honorable conditions. Army Regulation 635-5, (Personnel Separations) governs the requirements for listing military education on the DD Form 214. Therefore, the applicant is not entitled to a general discharge or an honorable discharge.

  • ARMY | BCMR | CY2012 | 20120006294

    Original file (20120006294.txt) Auto-classification: Approved

    The applicant provides numerous military service records. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * Army Achievement Medal * Army Good Conduct Medal * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Service Ribbon * Overseas Service Ribbon * NATO Medal c. Block 14 (Military Education) no entry for completing PLDC d. Block 18 (Remarks) no entry for any deployments 8. Based on his overseas service in Korea and...

  • ARMY | BCMR | CY2011 | 20110023773

    Original file (20110023773.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he drew combat pay and was in imminent danger during his assignment in the Federal Republic of Germany (FRG). There is no available evidence of record showing that the applicant performed border patrol duties or was assigned to duty placing him in imminent danger that would have...

  • ARMY | BCMR | CY2011 | 20110004116

    Original file (20110004116.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 9 March 2007, as follows: * Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) to show SGT (sergeant) and E-5 * Item 14 (Military Education) to show the entry, Sniper, 5 weeks * Item 18 (Remarks) to show his first deployment 2. 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...

  • ARMY | BCMR | CY2013 | 20130003442

    Original file (20130003442.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Item 12f (Record of Service – Foreign Service) of his DD Form 214 contains the entry "00 00 00." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "00 00 09" * adding to item 18 of his DD Form 214 the entry "SERVICE IN GRENADA FROM...