IN THE CASE OF:
BOARD DATE: 6 May 2010
DOCKET NUMBER: AR20090018981
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 in item 27 (Remarks) he completed the following training: Race Relations I, Equal Employment Opportunity Counseling, and Budget Counseling.
2. The applicant states on-the-job or otherwise designated education should be noted on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a page from his
DA Form 2-1 (Personnel Qualification Record).
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 enlisted in the Regular Army on 30 April 1974 and was trained in and awarded military occupational specialty (MOS) 55B (Ammunition Storage Specialist). He was honorably released from active duty on 29 April 1976 after completing 2 years of active service.
3. Item 27 of his DD Form 214 shows he completed a 12-week Ammunition Storage Course.
4. The applicant's DA Form 2-1 shows in item 19 (Specialized Training) he completed the following training:
* ATP 21-114 [Basic Combat Training]
* Geneva-Hague Conventions
* Military Justice
* Benefits of Honorable Discharge
* Race Rel-1 [Race Relations I]
5. The applicant's record is void of documentation showing he received training in equal opportunity or budget counseling. The record is also void of documentation showing he was assigned additional duties as an equal opportunity or budget counselor.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated that successfully completed formal in-service training courses would be listed in item 27 of the DD Form 214. Examples of training courses to be listed included medical and dental, electronics, supply, administration, personnel, or heavy equipment operations. The information was provided to assist in employment placement and job counseling. Training courses for combat skills were not listed. This regulation did not provide then, nor does it provide now, for the listing on the DD Form 214 of required initial entry training classes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show additional training courses was carefully considered but not supported by the evidence.
2. The applicant's record shows he completed Race Relations I; however, this course was not included among the training courses to be listed on the DD Form 214.
3. The applicant's record is void of documentation showing he completed formal training in equal opportunity or budget counseling.
4. Based on the foregoing, there is no 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) AR20090018981
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090018981
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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