BOARD DATE: 3 December 2009
DOCKET NUMBER: AR20090011277
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 item 9 (Type of Report) on his DA Form 1059 (Service School Academic Evaluation Report), dated 24 August 1979, be corrected to show "Resident" instead of "Nonresident."
2. The applicant states that he attended Phase II of the Infantry Officer Advanced Course (IOAC) during the period 10 August 1979 to 24 August 1979, which is a resident report. He contends that the duration of the course (item 11) clearly indicates that the course lasted 2 weeks and that nonresident phases have a longer duration due to the mailing time of the various subcourses. He states that only a resident course could be completed in 2 weeks. He also states that he discovered the error when preparing his retirement package and it was only then he realized he had never been credited for the active duty points that should have been awarded in connection with the resident course.
3. The applicant provides a copy of his DA Form 1059 and a Phase Completion Notice in support of his application.
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. Having prior commissioned service in the U.S. Army Reserve (USAR) and the Regular Army, the applicant was appointed a captain in the USAR effective
16 August 1977.
3. A DA Form 1059, dated 24 August 1979, shows the applicant completed the 2-week Phase II of the IOAC at the USAR School at Fort Benning, Georgia. Item 9 on this form shows an "X" in the Nonresident block.
4. In support of his claim, the applicant provided an undated IOAC Phase Completion Notice which contains a handwritten entry "Phase II Resident Course."
5. On 15 October 1998, the applicant was transferred to the Retired Reserve. On 20 October 2009, he was placed on the retired list in the rank of lieutenant colonel.
6. Nonresident training is defined in Army Regulation 350-1 (Army Training and Leader Development) as individual training distributed to students for completion without the presence of an on-site instructor/facilitator, small group leader or otherwise designated trainer.
7. Resident training is defined in Army Regulation 350-1 as training presented, managed, and controlled by an on-site instructor or facilitator, small group leader, or otherwise designated trainer.
DISCUSSION AND CONCLUSIONS:
The applicant's DA Form 1059 shows he completed the 2-week Phase II of the IOAC at the USAR School at Fort Benning, Georgia on 24 August 1979 which is resident training. Therefore, it would be appropriate to correct item 9 on his DA Form 1059 to show an "X" in the Resident block.
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:
a. deleting the "X" in the Nonresident block in item 9 on the DA Form 1059; and
b. adding an "X" in the Resident block in item 9 on the DA Form 1059.
_______ _ 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.
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