IN THE CASE OF:
BOARD DATE: 24 February 2009
DOCKET NUMBER: AR20080010186
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed jump school in 1979 at Fort Benning, Georgia.
2. The applicant states, in effect, that he wants credit for the accomplishment of graduating jump school.
3. The applicant provides his DD Form 214.
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 enlisted in the Regular Army on 4 January 1979 and successfully completed basic combat and advanced individual training. He was awarded military occupational specialty (MSO) 36K (Tactical Wire Operations Specialist).
3. Item 17 (Civilian Education and Military Schools) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows the entry "USAIS [U.S. Army Infantry School] BASIC ABN [Airborne] 3wk Yes 79."
4. On 28 August 1981, the applicant was released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.
5. Item 14 (Military Education) of the applicant's DD Form 214 for the period ending 28 August 1981 shows the entry "TAC WIRE * 12 WEEKS (7904) and GERMAN * 2 WEEKS (81)."
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states for item 14, list in-service training course; title, number of weeks, year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations. This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
Evidence of record shows that the applicant successfully completed the Basic Airborne training course in 1979. Because airborne training is not a strictly-combat skills course, his DD Form 214 should be amended in item 14 to show he successfully completed the Basic Airborne training course.
BOARD VOTE:
___X____ ___X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 14 of the applicant's DD Form214 to add U.S. Army Infantry School, Basic Airborne, 3 weeks, 1979.
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) AR20080010186
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ABCMR Record of Proceedings (cont) AR20080010186
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