IN THE CASE OF:
BOARD DATE: 01 July 2009
DOCKET NUMBER: AR20090003561
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the Basic Noncommissioned Officer Course (BNCOC).
2. The applicant states that she attended BNCOC, a leadership course, at Fort Sam Houston, Texas, but it is not recorded on her DD Form 214.
3. The applicant provides, in support of her application, a copy of her 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. On 6 January 1977, the applicant enlisted in the Regular Army. She completed her initial training and was awarded military occupational specialty (MOS) 91P (X-Ray Specialist). In 1981, the applicant completed additional training and was awarded MOS 92B (Medical Laboratory Specialist).
3. On 19 October 1983, the applicant was released from active duty due to completion of required active duty service. She was transferred to the 320th Evacuation Hospital U. S. Army Reserve, located in New York City. She had attained the rank of specialist five, pay grade E-5, and had completed 6 years,
9 months, and 14 days of creditable active duty service.
4. Item 14 (Military Education) of the applicant's DD Form 214 shows completion of two X-Ray Specialist Courses and the Medical Laboratory Course. It does not show completion of BNCOC.
5. The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show completion of BNCOC or any other leadership courses.
6. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides, in pertinent part, for entry of formal in-service training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier with job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she completed BNCOC, a leadership course, but it is not listed on her DD Form 214.
2. There is no evidence of record, and the applicant has not provided any substantiating evidence, showing that she completed BNCOC.
3. 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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090003561
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ABCMR Record of Proceedings (cont) AR20090003561
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