IN THE CASE OF:
BOARD DATE: 8 January 2009
DOCKET NUMBER: AR20080014282
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 records be corrected to accurately document his active duty training (ADT) while completing the 19-week Signal Officer Basic Course (SOBC) at Fort Gordon, Georgia, in 1989.
2. The applicant states, in effect, he reported to Fort Gordon to attend the SOBC on 9 January 1989, and completed the 19-week course, which is not accurately reflected in his record.
3. The applicant provides active duty orders in support of his 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 record shows that after having served in the United States Army Reserve (USAR) in an enlisted status from 22 September 1981 through
6 June 1983, he was commissioned and appointed a second lieutenant (2LT) in the USAR on 7 June 1983, and that on 6 January 1989, he entered active duty to attend the SOBC at Fort Gordon. His Personnel Qualification Record (DA Form 2-1) contains an entry in item 17 (Civilian Education and Military Schools) that shows he completed the 19-week SOBC in 1989. His Official Military Personnel File (OMPF) contains a diploma issued by the United States Army Signal Center and Fort Gordon, which confirms he attended the 19-week SOBC from
10 January 1989 through 26 May 1989, and that he successfully completed and graduated from the course on 26 May 1989.
3. The applicant provides United States Army Reserve Personnel Center, St. Louis, MO Orders T-10-840117, dated 27 October 1986, which ordered him to ADT for a period of 139 days plus allowable travel time for the purpose of attending the SOBC. The orders directed him to report to Fort Gordon not later than 9 January 1989.
4. On 29 May 1989, the applicant was honorably released from active duty (REFRAD) and returned to his USAR unit after completing 4 months and 24 days of active duty service. The separation document (DD Form 214) he was issued at the time contains an entry in Item 14 (Military Education) that confirms that during the period covered by the DD form 214 (6 January - 29 May 1989), he completed the 19-week SOBC in May 1989. The applicant authenticated the separation document with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains item-by-item instructions for preparing the DD Form 214. The instructions for Item 14 state, in pertinent part, to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 by including an entry containing course title, length in weeks, and year completed.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his record should be corrected to accurately document the active duty training he completed while attending the SOBC in 1989 was carefully considered.
2. The evidence of record confirms the applicant entered ADT on 6 January 1989, for the purpose of attending the SOBC. It also verifies that he served on active duty for 4 months and 24 days until being honorably REFRAD and returned to his USAR unit on 29 May 1989, as evidenced by the DD Form 214 on file in his OMPF.
3. The applicant's record also documents his successful completion of the
19-week SOBC with entries in Item 17 of his DA Form 2-1 and Item 14 of his DD Form 214. As a result, it appears his ADT and completion of the 19-week SOBC during this period are accurately documented in his record and separation document. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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.
_______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) AR20080014282
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ABCMR Record of Proceedings (cont) AR20080014282
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