IN THE CASE OF:	

		BOARD DATE:	  28 October 2008

		DOCKET NUMBER:  AR20080013191 


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 separation document DD Form 214 (Separation Document), Item 14 (Military Education) be corrected to show the following courses:  the Indirect Fire Infantryman Course; Technical Transportation of Hazardous Materials Course; Military Occupational Specialty (MOS) 11C (Mortar Weapons Training Course); German Headstart Course; and the National Safety Council's Defensive Driving Course II.

2.  The applicant states, in effect, that he completed the above military training, but the training has never been recorded on his DD Form 214:  

3.  The applicant provides a copy of his DD Form 214; Certificates for Completion of the Technical Transportation of Hazardous Materials Course, Completion of MOS 11C (Mortar MOS Weapons Training); ITC Training and German Headstart; the National Safety Council’s Defensive Driving Course II; and two Army/American Council on Education Registry Transcript System (AARTS) printouts.

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 military personnel record shows he enlisted in the Regular Army on 25 August 1998.  He completed the necessary training and was awarded the MOS 11C (Indirect Fire Infantryman).  He served on active duty until he was honorably released and transferred to the U.S. Army Control Group (Reinforcement), St. Louis, Missouri on 24 August 2002.  He completed 4 years of net active service this period.

3.  Item 14 of the applicant's DD Form 214 shows the entry “NONE//NOTHING FOLLOWS.”

4.  A Department of the Army Certificate of Training shows the applicant successfully completed 80 hours of training for MOS 11C, Mortar Weapons Training Course, on 16 December 1998.

5.  A Department of the Army Certificate of Training shows the applicant successfully completed ITC Training, German Headstart, 60 hours (1 week), on 29 January 1999.

6.  A Defense Ammunition Center Certificate shows the applicant successfully completed the Technical Transportation of Hazardous Materials Class, 80 hours (2 weeks), on 23 June 2000.

7.  The Department of the Army Certificate of Training shows that the applicant successfully completed The National Safety Council's Defensive Driving Course II, on 4 May 2001.

8.  The AARTS printouts that the applicant submitted is a personal web transcript.

9.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 14 (Military Education) will list formal in-service training courses 
successfully completed during this period of service.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.


DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant successfully completed the Mortar MOS Weapons Training Course on 16 December 1998.  However, regulatory guidance provides that formal in-service training courses that will assist the Soldier after separation in job placement and counseling are listed on the DD Form 214.  Training courses for combat skills are not recorded in item 14 of the DD Form 214.  Therefore, he is not entitled to correction of his DD Form 214 to show completion of this course.

2.  The evidence shows the applicant successfully completed the German Headstart Course on 29 January 1999.  Therefore, he is entitled to correction of item 14 of his DD Form 214 to show this course.

3.  The evidence shows the applicant successfully completed the Technical Transportation of Hazardous Material Training on 23 June 2000.  Therefore, he is entitled to correction of item 14 of his DD Form 214 to show this course.

4.  The evidence shows the applicant successfully completed the National Safety Council's Defensive Driving Course II on 4 May 2001.  Therefore, he is entitled to correction of item 14 of his DD Form 214 to show this course.

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 adding the following training in item 14 of the individual’s DD Form 214 issued on 
24 August 2002:  the German Headstart Course, 2 weeks, 1999; Technical Transportation of Hazardous Material training, 2 weeks, 2000; and the National Safety Council's Defensive Driving Course II, 1 week, 2001.


2.  The Board further determined 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 Mortar MOS Weapons Training Course to the applicant’s 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)                                         AR20080013191



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ABCMR Record of Proceedings (cont)                                         AR20080013191



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