IN THE CASE OF:
BOARD DATE: 3 MARCH 2009
DOCKET NUMBER: AR20080018725
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 that basic combat training be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he completed basic combat training on 2 August 2001; however, his DD Form 214 does not reflect he completed this training.
3. The applicant provides a copy of his DD Form 214 and his DA Form 2-1 (Personnel Qualification Record - Part II).
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 23 May 2001 for a period of three years.
3. His DA Form 2-1 shows he completed basic combat training on 2 August 2001.
4. The applicant was discharged on 11 October 2001 under the provisions of Army Regulation 635-200, chapter 11 by reason of entry level status performance and conduct. At the time of his discharge, he had completed 4 months and 19 days of active military service.
5. Item 14 (Military Education) of his DD Form 214 shows the entry "NONE//NOTHING FOLLOWS."
6. Army Regulation 635-5 (Separation Documents) states, in pertinent part, that item 14 (Military Education) will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed. 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:
Based on Army Regulation 635-5, training courses for combat skills are not listed on the DD Form 214. Therefore, the applicants basic combat training is not authorized to be added to his DD Form 214.
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) AR20080018725
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ABCMR Record of Proceedings (cont) AR20080018725
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