IN THE CASE OF:
BOARD DATE: 29 JANUARY 2009
DOCKET NUMBER: AR20080009881
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show missing service schools and his correct weapons qualifications.
2. The applicant essentially states that a list of his service schools is missing on his DD Form 214, and that this document has incorrect information regarding his weapons qualifications.
3. The applicant provides no additional evidence in support of this 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 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 records show that he enlisted in the Regular Army on 5 August 1982. He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 76Y (Unit Supply Specialist). He then served at Fort Carson, Colorado until he was honorably released from active duty on 4 August 1984.
3. The applicant's records contain a certificate showing he completed a 3-week Unit Supplyman course in 1983 that was conducted by Central Texas College. He was awarded 3 semester hours for the course.
4. Item 14 (Military Education) of the applicant's DD Form 214 shows that he completed an 8-week Unit Supply Specialist Course in 1982, and that this is the only military education the applicant completed during the period covered by his DD Form 214.
5. Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows, in pertinent part, that he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar and the Sharpshooter Marksmanship Qualification Badge with Grenade Bar. Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) reflects the same information.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, provided guidance on the preparation of the DD Form 214. For item 14, it stated that the title, number of weeks, and year successfully completed for in-service training courses during the period covered by the DD Form 214 would be entered.
7. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show missing service schools and his correct weapons qualifications.
2. The applicant's DD Form 214 reflects that the only military school he completed was an 8-week Unit Supply Specialist Course in 1982. There is no evidence in the applicant's military records, and the applicant failed to provide any evidence which shows that he completed additional in-service training courses. The fact that the applicant completed 3 weeks of MOS-related course requirements for Unit Supplyman in 1983 was noted. However, the Certificate of Award for this course shows that it was conducted by Central Texas College, and that he was awarded three semester hours for this course. As a result, it was determined that while the requirements for this course were MOS-related, it was in fact civilian education. In addition, it was not an in-service training course. In view of the foregoing, there is no basis for correcting the applicant's military records to show that completed additional service schools.
3. While the applicant contends that his DD Form 214 contains incorrect information regarding his weapons qualifications, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence to show that the weapons qualifications shown on his DD Form 214 and DA Form 2-1 are incorrect or incomplete. In view of the foregoing, there is no basis for correcting his military records to correct his weapons qualifications.
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.
_______ _ 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) AR20080009881
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ABCMR Record of Proceedings (cont) AR20080009881
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