IN THE CASE OF:	  

		BOARD DATE:	       6 AUGUST 2009

		DOCKET NUMBER:  AR20090005524 


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 the Army Precommission Correspondence Course he completed on 10 December 1968 be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that his attendance at the Army Precommission Course and receipt of his diploma was never entered into Item 28 (Service Schools or Colleges, College Training Courses, and/or Post Graduate Courses Successfully Completed) of his DD Form 214.  The applicant adds that it may have inadvertently been left off at the time of his discharge.  He requests this be included on his DD Form 214 and that a corrected copy be issued and sent to him. 

3.  In support of his application, the applicant provides a copy of his diploma issued by the United States Army Infantry School, Fort Benning, Georgia; a copy of his DD Form 214; a copy of correspondence he sent to the National Personnel Records Center, St. Louis, Missouri, on 11 December 2008; and a copy of correspondence he received from the National Personnel Records Center, St. Louis, dated 12 March 2009.

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.  The applicant's military record shows he enlisted in the U.S. Army Reserve (USAR) on 18 June 1963.  He was ordered to active duty for training on 16 July 1963 and successfully completed his basic combat and advanced individual training at Fort Dix, New Jersey.  Upon completion of his training, he was awarded military occupational specialty 941 (Cook).

3.  The applicant was honorably released from active duty for training on 20 December 1963 (emphasis added) and was returned to the USAR.

4.  Item 27 (Military Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant completed the Cooks and Bakers Course for MOS Code 94B20 at Fort Dix, New Jersey, a 12-week course of instruction, in 1963.  No other entries appear in this item.

5.  Item 28 of the applicant's DD Form 214 shows the entry, "NA" in each of the columns titled:  School or Course / Dates (From - To) / Major Courses.

6.  Item 28 (Specialized Training) of the applicant's DA Form 20 shows the applicant completed the following specialized training:  ATP 21-114 (Basic Combat Training); Code of Conduct Training; Military Justice Training; Geneva Convention Training; and Chemical, Biological and Radiological Training.  The Army Precommission Correspondence Course is not shown in Item 28 of the applicant's DA Form 20.

7.  Item 29 (Other Service Training Courses Successfully Completed) of the applicant's DD Form 214 has the entry, "NA."

8.  The applicant was discharged from the USAR on 17 June 1969 at the expiration of his term of service.  There is no evidence in the applicant's available service records to show that he ever served on active duty sufficiently long to merit issuance of a second or subsequent DD Form 214.


9.  The applicant submitted a copy of the diploma he was given for completion of the Army Precommission Correspondence Course by the United States Army Infantry School on 10 December 1968 (emphasis added).  This correspondence course is not shown on the applicant's DD Form 214.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) governs the preparation of the DD Form 214.  Paragraph 57, which provided instructions for the completion of the DD Form 214, states that the installation training courses (qualification courses), military correspondence courses, and off duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 will be entered in Item 29.

11.  Army Regulation 635-5, Paragraph 56, states that for Item 28 "Enter service schools, including dates and major courses which were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214 being prepared."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant completed the Army Precommission Correspondence Course offered by the United States Army Infantry School; however, he completed this correspondence course on 10 December 1968, a date outside the period covered by the DD Form 214 he was issued on his release from active duty date on 20 December 1963.

2.  It appears from the applicant's service record this DD Form 214, dated 
20 December 1963, was the only one that was issued to the applicant while he served in the USAR.  The applicant's personnel records do not contain another DD Form 214.

3.  The applicant was discharged from the USAR on 17 June 1969 at the expiration of his term of service.  There is no evidence in the applicant's available service records to show that he ever served on active duty sufficiently long to merit issuance of a second or subsequent DD Form 214.

4.  Based on the evidence of record, the applicant is not entitled to have the Army Precommission Correspondence Course 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)                                         AR20090005524





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ABCMR Record of Proceedings (cont)                                         AR20090005524



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