BOARD DATE: 4 May 2010
DOCKET NUMBER: AR20090018463
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 DD Form 214 (Report of Separation from Active Duty) to show he completed the drill sergeant course.
2. The applicant states his record is incorrect in that it failed to give him credit for completing drill sergeant school in 1965. He completed the school and served as a drill sergeant in 1966 and 1967 at Fort Benning, GA.
3. The applicant did not provide any additional 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 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. Having had prior service in the U.S. Air Force, the applicant's records show he enlisted in the Regular Army (RA) on 30 November 1961 and he held military occupational specialty (MOS) 642.10 (Heavy Truck Driver). He was honorably discharged on 13 January 1964 for the purpose of immediate reenlistment and executed a 6-year reenlistment in the RA on 14 January 1964.
3. On 10 November 1965, he proceeded to Fort Jackson, SC, where he successfully completed the 5-week Drill Sergeant Course on or about 15 December 1965. He was subsequently reassigned to Company B, 10th, then 5th, then 9th Battalion, 2nd Training Brigade, Fort Benning and performed duties of drill sergeant from March 1966 through November 1967.
4. He was honorably discharged on 20 October 1969 for the purpose of immediate reenlistment. A copy of his DD Form 214 for this period of service, which would have listed his Drill Sergeant Course, is not available for review with this case.
5. He executed a 3-year reenlistment on 21 October 1969 and he was honorably discharged on 23 July 1972 for the purpose of immediate reenlistment in the RA. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 23 July 1972 did not list completion of the Drill Sergeant Course since it was not completed during the period covered by this DD Form 214.
6. He executed a 6-year reenlistment on 24 July 1972, held MOS 67Z (Aircraft Maintenance Supervisor), served in various staff and leadership positions, and attained the rank/grade of sergeant first class (SFC)/E-7.
7. He was honorably retired on 30 November 1977 and he was placed on the retired list in his retired rank/grade of SFC/E-7 on 1 December 1977. He was credited with over 20 years of active service.
8. His DD Form 214 for the period ending on 30 November 1977 did not list completion of the Drill Sergeant Course since it was not completed during the period covered by this DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 does not list completion of the drill sergeant course.
2. The applicant completed the 5-week drill sergeant course in 1965. His DD Form 214 for the period ending on 20 October 1969, which would have listed this training, is not available for review with this case. His subsequent DD Forms 214 did not list this training because it was not completed during his subsequent periods of service.
3. Nevertheless, there is no harm to the Army or the Soldier if an entry is made in item 27 (Remarks) of his DD Form 214 for the period ending 30 November 1977 to show he completed this course.
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 to item 27 of his DD Form 214 for the period ending 30 November 1977 the entry "Drill Sergeant Course, 5 weeks, 1965."
_________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) AR20090018463
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ABCMR Record of Proceedings (cont) AR20090018463
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