BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090017842 


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 correction of his military record to show his successful completion of the Jungle Warfare Training Course.  He also requests issuance of a DA Form 1059 (Service School Academic Evaluation Report (AER)) documenting his attendance at this course.

2.  The applicant states, in effect, he completed the Jungle Warfare Training Course while he was stationed in the Panama Canal Zone.  He believes the DA Form 1059 was not in use at the time he completed the course, but he would like to receive one now so it may be included in his official military personnel file (OMPF).

3.  The applicant provides a copy of a certificate of training, dated 27 October 1978, showing completion of the Jungle Warfare Training Course as documentary evidence in support of his request.

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's records show he enlisted in the Regular Army for a period of 3 years on 19 April 1976.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11B (Infantryman).  On 11 May 1979, he was released from active duty with an honorable characterization of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) in the rank/grade of specialist four/E-4.

3.  The applicant's OMPF is devoid of any evidence he completed the Jungle Warfare Training Course.

4.  The applicant's DD Form 214 (Report of Separation from Active Duty) shows he served in Panama for a period of 6 months and 5 days.  This form does not show the applicant completed the Jungle Warfare Training Course.

5.  The applicant submitted a copy of a Jungle Operations Training Center, Fort Sherman, Canal Zone, Certificate awarded to him on 27 October 1978 for successfully completing the Jungle Warfare Training Course and earning the designation of Jungle Expert.

6.  Army Regulation 623-1 (Academic Evaluation Reporting System), dated 22 September 1977, established the requirement for the submission of a DA Form 1059 for all officer and enlisted career development courses, resident or nonresident.  This regulation also prescribed the policies and procedures for preparing AERs for individuals participating in formal resident and nonresident professional development, career progression, functional and specialty training at service schools, noncommissioned officer (NCO) academies and civilian educational institutions.  AERs were required, in pertinent part, for Active Army personnel attending courses of instruction at service schools and NCO academies as prescribed below:

	a.  Active Army personnel attending resident courses of instruction or training scheduled for 60 calendar days or more.

	b.  All enlisted personnel attending primary, basic, advanced, or senior NCO Education System courses, regardless of length.

	c.  Active Army students attending resident courses of instruction or training at schools sponsored by the other services scheduled for 60 calendar days or more.

7.  A review of the historical information about the Panama Canal Zone posted on the U.S. Army South internet website www.usarso.army.mil revealed the Jungle Warfare Training Course was a 3-week course conducted at Fort Sherman up to 10 times annually.  "A normal cycle conducted training on three levels, individual Soldier skills, small unit, and company.  The bulk of the instruction was conducted for the infantry rifle company, but specialized training for a heavy weapons company, a heavy mortar company, a headquarters company, a combat engineer (Sapper) platoon, and a medical platoon was also available.  Individual training included jungle survival, camouflage, navigation, mines and booby traps, and jungle plants and living.  Upon completion of the core classes, the training focus shifted to small unit patrolling, attack, and ambush tactics and techniques.  Once the small unit was proficient in jungle operations, training moved to company and occasionally battalion level offensive field training exercises."

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  It stated, in pertinent part, that the Soldier's military education is obtained from the Soldier's records.  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his military record should be corrected to show his successful completion of the Jungle Warfare Training Course and that he should be issued a DA Form 1059 documenting his attendance of this course were carefully considered and determined to lack merit.

2.  The fact that the applicant successfully completed the Jungle Warfare Training Course is not in question.

3.  The evidence clearly shows the DA Form 1059 was in use at the time the applicant completed the Jungle Warfare Training Course.  However, the evidence also shows the course did not meet the criteria for issuance of a DA Form 1059.  Therefore, the applicant is not entitled to a DA Form 1059 documenting his attendance at this course.

4.  The Jungle Warfare Training Course is clearly a training course for combat skills.  In accordance with Army Regulation 635-5 which governs the preparation of separation documents, it would not be appropriate to annotate this course on his DD Form 214 because training courses for combat skills are not listed on the DD Form 214.  However, the applicant is advised that this Record of Proceedings, along with his application and the accompanying enclosures he submitted, will be filed in his military service records.

5.  In order to justify correction of a military record, the applicant must show or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.  This action in no way diminishes the sacrifices made by him in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.

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)                                         AR20090017842



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ABCMR Record of Proceedings (cont)                                         AR20090017842



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