BOARD DATE:	  February 18, 2010

		DOCKET NUMBER:  AR20090014374 


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 his discharge document to show he completed the Basic Noncommissioned Officer Course (BNCOC).

2.  The applicant states he did not have a copy of his DA Form 1059 (Service School Academic Evaluation Report) at the time he was separated from active duty.  He adds that, as a result, his discharge document does not show he completed BNCOC.

3.  The applicant provides a copy of his BNCOC DA Form 1059, dated 24 August 2004, 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 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 enlisted in the Regular Army (RA) on 26 October 1994.  Upon completion of training, he was awarded military occupational specialty (MOS) 63W (Wheel Vehicle Repairer).

3.  A DA Form 1059, dated 6 February 1998, shows the applicant successfully completed the Primary Leadership Development Course (PLDC) 3-98 at the U.S. Army Noncommissioned Officer Academy (NCOA), III Corps [Fort Hood, TX], during the period 6 January through 6 February 1998.  This DA Form 1059 is filed in the performance portion of the applicant's Official Military Personnel File (OMPF).

4.  A DA Form 1059, dated 24 August 2004, shows the applicant successfully completed the 63H3O, Track Vehicle Repairer, BNCOC, Class 703-04, Phase III [emphasis added], at the U.S. Army Ordnance Mechanical Maintenance School (USAOMMS), NCOA, Aberdeen Proving Ground (APG), MD, during the period
5 July through 24 August 2004.  Item 17 (Authentication), block b (Typed Name, Grade, Branch, and Title of Reviewing Officer), shows the entry "S---- J. B------, Jr. CSM, USA, Commandant, NCOA."  This DA Form 1059 is filed in the performance portion of the applicant's OMPF.

5.  The applicant's Enlisted Record Brief, dated 24 September 2004, shows in Section VI (Military Education) that he completed Air Assault training and PLDC in 1998.

6.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 26 October 1994 and he was honorably discharged on 8 October 2004 by reason of hardship.  Item 14 (Military Education) shows he completed the 4-week PLDC in 1998.

7.  In support of his application, the applicant provides a copy of a DA Form 1059, dated 24 August 2004, that shows he successfully completed the 63H3O, BNCOC, Class #703-04, Phases II/III/IV [emphasis added], at the USAOMMS, NCOA, APG, MD, during the period 5 July through 24 August 2004.  Item 17, block b, shows the entry "W----- A. M-----, CW3, Director."  This DA Form 1059 is not filed in the applicant's OMPF.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records) provides policies, operating tasks, and steps governing the OMPF.  This document states that only those documents listed in Table 2-1 (Composition of the OMPF) and Table 2-2 (Obsolete or no longer used documents) are authorized for filing in the OMPF.  Depending on the purpose, documents will be filed in the OMPF in one of the three portions:  performance, service, or 
restricted.  Once placed in the OMPF, the document becomes a permanent part of that file.  Table 2-1 shows that the DA Form 1059 is filed in the performance portion of the OMPF.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record, Enlisted Record Brief, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

   a.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.

   b.  Item 14 (Military Education) states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.  Non-resident courses may be included when successfully completed by correspondence.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 14 of his DD Form 214 should be corrected to show he completed BNCOC in 2004.

2.  The evidence of record shows that a DA Form 1059, dated 24 August 2004 [emphasis added], showing the applicant's completion of 63H3O, Track Vehicle Repairer, BNCOC, Class 703-04, Phase III [emphasis added], at the USAOMMS, NCOA, APG, MD, during the period 5 July through 24 August 2004, is filed in the performance portion of the applicant's OMPF.

3.  The evidence of record shows that the DA Form 1059, dated 24 August 2004 [emphasis added], submitted by the applicant showing completion of 63H3O, BNCOC, Class 703-04, Phases II/III/IV [emphasis added], at the USAOMMS, NCOA, APG, MD, during the period 5 July through 24 August 2004, is not [emphasis added] filed in the applicant's OMPF.

4.  A comparison of the two DA Forms 1059, both dated 24 August 2004, shows that the two documents are similar in all aspects, except for information related to the course title, phases of completion, and reviewing officer.

5.  It is not apparent from the available evidence why two DA Forms 1059 would be issued to the applicant for the same course duration showing two distinctly different course completions.  In addition, it is reasonable to conclude that officials of the NCOA at APG, MD would have submitted a copy of the DA Form 1059 in question to the records custodian for inclusion in the applicant's OMPF, if it were a “corrected copy” of the report.  However, the evidence of record shows the DA Form 1059 the applicant submits is not filed in his OMPF.  Thus, the accuracy/authenticity of the DA Form 1059 that the applicant provides is in question.  Therefore, based on the available evidence, the applicant provides insufficient evidence to show he completed all phases on BNCOC prior to his discharge to support correction of his DD Form 214.

6.  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 this requirement.

7.  In view of the foregoing, there is insufficient basis for granting the applicant's requested relief.

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)                                         AR20090014374



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ABCMR Record of Proceedings (cont)                                         AR20090014374



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