IN THE CASE OF:
BOARD DATE: 29 December 2009
DOCKET NUMBER: AR20090012689
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, in effect, correction of item 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 July 1983 to show he completed the Basic Leadership School in 1978.
2. The applicant states, in effect, that this training was never entered on his DD Form 214 for the period ending 7 July 1983 from his DA Form 2-1 (Personnel Qualification Record). He contends that if this entry is not put on his DD Form 214 he cannot go to the next level of NCOES [Noncommissioned Officer Education System] in the Army National Guard even though it is handwritten on his DA Form 2-1.
3. The applicant provides no documentary evidence 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. The applicant's military records for his service in the Regular Army are not available to the Board.
3. The applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 16 August 1979 shows he enlisted in the Regular Army on
17 August 1976. He served as a correctional specialist in Korea from 12 January 1977 to 3 February 1978 and was released from active duty on 16 August 1979.
4. The applicant enlisted in the Regular Army on 12 June 1980 for a period of
3 years. He served as a correctional specialist, and was honorably discharged on 7 July 1983.
5. There is no evidence of record which shows the applicant completed Basic Leadership School in 1978.
6. The applicant enlisted in the Army National Guard on 29 November 1999.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends that he completed Basic Leadership School in 1978, there is no evidence of record, and the applicant provided no evidence, which shows he completed Basic Leadership School. Therefore, there is an insufficient basis for granting the applicant's request at this time.
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) AR20090012689
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090012689
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