IN THE CASE OF:
BOARD DATE: 23 March 2010
DOCKET NUMBER: AR20090016788
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding to Item 14 (Military Education) the Signal Officer Basic Course and the Basic Airborne Course.
2. The applicant states the above schooling was overlooked when his DD Form 214 was prepared.
3. The applicant provides a copy of his DD Form 214 and a copy of a DA Form 1059 (Service School Academic Evaluation Report).
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 was an officer in the South Carolina Army National Guard. From 30 July through 9 December 1995, he served on active duty for training in order to attend the Signal Officer Basic Course at Fort Gordon, GA.
3. The applicant provided a copy of his DA Form 1059 showing that he successfully completed Signal Officer Basic Course Class Number 95-05. The duration of the course was from 31 July through 8 December 1995.
4. A review of the applicant's records fails to show that he attended the Basic Airborne Course at Fort Benning, GA. Likewise, there are no orders in his records awarding him the Parachutist Badge.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. It provides that Item 14 is a list of formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant wants the Signal Officer Basic Course and the Basic Airborne Course added to his DD Form 214.
2. The applicant's only active service was from 30 July through 9 December 1995. His attendance at the Signal Officer Basic Course was from 31 July through 8 December 1995. He did not have time to attend the Basic Airborne Course.
3. The applicant's records contain no Certificate of Completion for the Basic Airborne Course and no orders awarding him the Parachutist Badge.
4. The applicant's DD Form 214 may be corrected, but only as indicated below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x____ ____x____ ____x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Signal Officer Basic Course to Item 14 of his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the Basic Airborne Course.
_______ _ _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) AR20090016788
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