IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090019932
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 item 14 (Military Education) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the Preventive Maintenance Checks and Services Course for the
5-ton cargo truck.
2. The applicant states:
* he was in the 2nd Infantry Division in Korea from June 1985 to July 1986
* he took a Preventive Maintenance Checks and Services and Operators Course for a 5-ton cargo truck with dual axles and air brakes
* he was licensed to drive this truck
* his military occupational specialty (MOS) was 13C (tactical fire operations specialist) and one of his primary jobs was to drive a 5-ton truck pulling the generator in order to have power for the fire direction center and to haul equipment to the field for training exercises
* while in garrison another task he had was transporting rations from the commissary to mess halls
* he recently obtained a commercial driver's license
* many jobs require some type of prior experience with driving a large vehicle
* correction of item 14 of his DD Form 214 would enable him to gain employment at a much sooner date
3. The applicant provides:
* DD Form 214
* Army Achievement Medal award certificate
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 enlisted in the Regular Army on 29 January 1985. He served as a tactical fire operations specialist in Korea from 27 June 1985 to 29 July 1986. On 28 January 1988, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to compete his remaining service obligation.
3. Item 14 of the applicant's DD Form 214 shows he completed the 1-week Introduction to Rappelling and Mountaineering course in 1986 and the 1-week Preventive Maintenance Checks and Services on MEP-113A Generator course in 1985.
4. Item 17 (Civilian Education and Military Schools) on the applicant's DA Form 2-1 (Personnel Qualification Record) shows he completed:
* 4-years of high school in 1983
* 6-week Tactical Fire Operations Specialist Course in 1985
* 1-week Introduction to Rappelling and Mountaineering Course in 1986
* 1-week Preventive Maintenance Checks and Services on MEP-113A Generator Course in 1985
5. There is no evidence of record which shows the applicant completed the Preventive Maintenance Checks and Services Course for the 5-ton cargo truck.
6. 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 states item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed. Training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
Although the applicant contends he completed the Preventive Maintenance Checks and Services Course for the 5-ton cargo truck, there is no evidence of record and the applicant provided no evidence which shows he completed this course. Therefore, there is an insufficient basis for granting the applicant's request at this time.
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) AR20090019932
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019932
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090019960
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the following: a. item 4a [sic] (Grade, Rate or Rank) E-4P (promotable) and approved promotion to 73C2O; b. item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized): * Army Commendation Medal * Army Good Conduct Medal * Army Achievement Medal c. Item 14 (Military Education): * Introduction to Rapelling and Mountaineering, Cheju-Do Training...
ARMY | BCMR | CY2008 | 20080011378
For item 14, it provides that all formal in-service training courses shown on the Enlisted Record Brief or Personnel Qualification Record which were successfully completed during the period of service covered by the DD Form 214 will be listed on the DD Form 214. As a result, it would be appropriate at this time to correct his military records to show the award of the Army Achievement Medal (4th Award). As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2013 | 20130020714
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * Joint Service Achievement Medal (JSAM) (2nd Award) * Armed Forces Expeditionary Medal (AFEM) * North Atlantic Treaty Organization (NATO) Medal * Armed Forces Service Medal (AFSM) * United Nations Medal (UNM) * Korea Defense Service Medal (KDSM) * Military education in rappelling and...
ARMY | BCMR | CY2008 | 20080009774
Section 4 (Chronological Record of Military Service) of the applicants DA Form 24 (Service Record) shows the applicant received Excellent efficiency and conduct ratings throughout his military assignments. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award the applicant the first award of the Good Conduct Medal based on completion of qualifying service ending with the termination of a period of Federal military service and...
ARMY | BCMR | CY2014 | 20140009718
The applicant states: a. his DA Form 199, item 10a, should be corrected to reflect "The Soldier's retirement is based on a disability received in the line of duty [LOD] as a direct result of armed conflict or caused by an instrumentality of war incurred in the LOD while simulating war"; and b. his request for reconsideration is based on incorrect information contained in the "Discussions and Conclusions" portion of the decisional document. His record contains a DA Form 2173 (Statement of...
ARMY | BCMR | CY2009 | 20090006288
The applicant requests that the Advanced Noncommissioned Officer Course (ANCOC) and the Javelin Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). The available evidence also shows the Javelin Course involves combat skills training. Therefore, the Javelin Course should not be recorded on the applicant's DD Form 214.
ARMY | BCMR | CY2013 | 20130001878
The applicant provides: * Orders 241-0001, dated 29 August 2005 * A DA Form 2173 (Statement of Medical Examination and Duty Status) * Department of Defense (DOD) Physical Disability Board of Review (PDBR) decision * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Orders 058-809 (Retired Reserve orders) * DA Form 199 (Physical Evaluation Board (PEB) Proceedings) * DA Form 3947 (Medical Evaluation Board (MEB) Proceedings) CONSIDERATION OF EVIDENCE: 1. It does not mean...
ARMY | BCMR | CY2014 | 20140019872
The applicant requests correction of his DD Form 214 to show an award for driving a truck. When he provided his DD Form 214, he was informed that his DD Form 214 did not indicate that he had truck driving experience. He drove a truck off and on for the three years that he was in the military.
ARMY | BCMR | CY2013 | 20130002582
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: a. in Item 24c (Foreign and/or Sea Service) that he served in Thailand for a period of "1 year, 0 months, and 1 day"; and b. in Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * Republic of Vietnam (RVN) Technical Service Honor Medal Second Class * Expert Marksmanship Qualification Badge with Rifle (M-1)...
ARMY | BCMR | CY2012 | 20120021857
The Soldier must retire on the approved retirement date. Army Regulation 600-8-22 (Military Awards) states: a. Second, the approval authority for Soldiers who request retirement in lieu of PCS is the Commander, HRC.