DOCKET NUMBER: AR20090003868
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect her completion of the Primary Leadership Development Course (PLDC).
2. The applicant states, in effect, that she completed the PLDC in 1987 and it was omitted from her DD Form214 at the time of her discharge.
3. The applicant provides a copy of her DA Form 1059 (Service School Academic Evaluation Report) and 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. The applicant enlisted in the Regular Army in Montgomery, Alabama, on 29 September 1981 for a period of 4 years and training as a personnel records specialist. She completed her one-station unit training at Fort Jackson, South Carolina, and she remained on active duty through a series of continuous reenlistments.
3. She was advanced to the pay grade of E-4 on 1 December 1983 and on 24 July 1987, while stationed in Korea, the applicant completed the 4-week PLDC at the Eighth U.S. Army Noncommisioned Officer Academy.
4. On 12 December 1990, while stationed at Fort Polk, Louisiana, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 5-13, due to failure to meet Army weight control standards. She was paid $6,167.70 in involuntary separation pay. Her DD Form 214 issued at the time of her discharge does not reflect her attendance at the PLDC in block 14 (Military Education).
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that all non-combat arms military courses that are at least 1 week (40 hours) or more in duration will be entered in block 14.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that her completion of the PLDC should be entered on her DD Form 214 has been noted and found to have merit.
2. The applicant completed the 4-week PLDC in 1987 and thus is entitled to have that military training entered on her DD Form 214.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the 4-week PLDC, completed in 1987, to her 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) AR20090003868
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