IN THE CASE OF:
BOARD DATE: 02 March 2010
DOCKET NUMBER: AR20090016659
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, that item 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed the Sniper School Course.
2. The applicant states that he was an honor graduate of the Sniper School Course in Vietnam in 1970.
3. The applicant provides a certificate of training for completion of the Sniper School Course, an honor graduate plaque, and a copy of his DD Form 214 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 was inducted into the Army of the United States on 9 June 1969. He served as a light weapons infantryman in Vietnam from 3 November 1969 to 19 October 1970. On 8 June 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.
3. Item 25 of the applicant's DD Form 214 shows he completed the 9-week Light Weapons Infantryman course.
4. In support of his claim, the applicant provided a certificate of training, dated 8 July 1970, which shows he completed the Sniper School Course.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time provided, in pertinent part, that item 25 would list service schools, including major courses; military sponsored courses completed in civilian schools and colleges; and, for enlisted personnel, installation training courses (qualification courses) that were successfully completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The certificate of training provided by the applicant which shows he completed the Sniper School Course in 1970 is accepted as sufficient evidence on which to amend item 25 of his 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 entry "Sniper School Course 1970" to item 25 of his 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) AR20090016659
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ABCMR Record of Proceedings (cont) AR20090016659
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