IN THE CASE OF:	

		BOARD DATE:	     8 January 2009

		DOCKET NUMBER:  AR20080010036 


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 his 1988 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he completed the Basic Explosive Ordnance Disposal-Surface Phase Course in 1983 and the Basic Explosive Ordnance Disposal-Nuclear Phase Course in 1984.  He also notes that his military occupational specialty (MOS) 55D (Explosive Ordnance Disposal (EOD) Specialist) was not recorded on his separation document.

2.  The applicant states, in effect, he is unable to prove he completed the training and was qualified in the EOD specialty because it does not show on his separation document.  He states the information is necessary for employment.

3.  The applicant provides a copy of his training certificates for the Basic Explosive Ordnance Disposal-Surface Phase Course and the Basic Explosive Ordnance Disposal-Nuclear Phase Course.  He also submits a copy of orders promoting him to pay grade E-5 in MOS 55D.

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.  Records available to the Board indicate the applicant initially entered military service as an enlisted Soldier in the Army National Guard in 1978.  On 24 August 1979 he entered active duty as a Regular Army enlisted Soldier.  While a member of the Army National Guard he was trained as tank driver (19F) and the applicant entered active duty in that specialty.

3.  In August 1981 the applicant completed training as an EOD Specialist and was awarded MOS 55D.  As noted in the promotion order submitted by the applicant in support of his request, he was promoted to pay grade E-5 in MOS 55D2O on 1 August 1983.  The applicant continued to perform duties in MOS 55D until 1985 when he was awarded MOS 55B2O (Ammunition Specialist) effective 29 January 1985.  Orders confirming his reclassification from MOS 55D2O to 55B2O were issued by Headquarters, I Corps and Fort Lewis, Fort Lewis, Washington, on 12 February 1985.  The applicant completed the Ammunition Specialist Course at Redstone Arsenal in August 1985 prior to be reassigned to an ordnance company in Germany.  By the time of his reclassification, he had served in MOS 55D2O for 3 years and 4 months.

4.  The applicant provided copies of certificates showing that he had successfully completed the prescribed course of study for the Basic Explosive Ordnance Disposal-Surface Phase Course in 1983 and the Basic Explosive Ordnance Disposal-Nuclear Phase Course in 1984.  Both course certificates were issued by the United States Navy School Explosive Ordnance Disposal.  However, neither course certificate notes the length of the course.  The certificates also do not indicate if the courses were completed as resident or nonresident training courses.  There are no documents in available records which provide any additional information regarding these two courses.

5.  On 9 September 1988 the applicant was released from active duty as a result of an approved request for a hardship discharge.  Item 11 (Primary Specialty Number, Title, and Years and Month in Specialty) reflects service in MOS 55B2O and 64C2O (Motor Transport Operator) but not 55D2O.  Item 14 (Military Education) reflects various other military training the applicant completed while on active duty but does not reflect completion of the Basic Explosive Ordnance Disposal-Surface Phase Course or the Basic Explosive Ordnance Disposal-Nuclear Phase Course.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, noted that item 11 on the DD Form 214 would reflect the MOS codes, titles, and years and months of service for all specialties in which an individual served for at least 1 week.  Item 14 would reflect in-service training course by title, number of weeks, and year successfully completed.  The information is intended to assist members after separation in job placement and counseling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in MOS 55D2O, EOD Specialist, for 3 years and 4 months before being reclassified to MOS 55B2O.  That information should have been recorded in item 11 on his 1988 DD Form 214.

2.  Unfortunately, in the absence of more evidence or that the Basic Explosive Ordnance Disposal-Surface Phase Course and the Basic Explosive Ordnance Disposal-Nuclear Phase Course were resident courses of at least a week’s duration, the certificates provided by the applicant showing that he completed the prescribed course of study are insufficient as a basis to add those courses to his 1988 DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  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 entry "55D2O EOD Specialist 3 yrs & 4 mos" to item 11 of his 1988 DD Form 214.

2.  The Board further determined that 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 showing in item 14 of his 1988 DD Form 214 that he completed the Basic Explosive Ordnance Disposal-Surface Phase Course in 1983 and the Basic Explosive Ordnance Disposal-Nuclear Phase Course in 1984.



      _________________________
                 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)                                         AR20080010036



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ABCMR Record of Proceedings (cont)                                         AR20080010036



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