IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090020815 


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 (Certificate of Release or Discharge from Active Duty), with an effective date of 21 January 2004, to show all of his military training.

2.  The applicant states, in effect, that he needs these corrections made in order to receive college equivalency credit as mandated by the Army Training Requirements and Resources System (ATRRS) transcript correction procedures. 

3.  The applicant provides copies of the following course completion certifications:

* DA Form 1059 (Service School Academic Evaluation Report), Army Pre-Commission Course, 1984
*  DA Form 1059, Advanced EW/Cryptologic Noncommissioned Officer (NCO) Course, 1985
* DA Form 1059, Intelligence Analyst, Phase I, 1986
* DA Form 1059, Intelligence Analyst, Phase II, 1986
* DA Form 1059, Military Intelligence Officer Basic Course, 1986
* DA Form 1059, Warrant Officer Candidate School (WOCS), 1989
* DA Form 1059, Standardized COMSEC Custodian Course, 1991
* DA Form 87 (Certificate of Training), Prerequisite Studies for Warrant Officer Advanced Course, 1996
* DA Form 1059, Battle Focused Training Course, 1996
* DA Form 1059, Information Operations 101, 1999
* A copy of a DD 214, dated, 8 December 1971
* Two DD Forms 214, dated 31 August 1989 and 21 January 2004, respectively
* A DA Form 4037 (Officer Record Brief), dated 21 January 2000

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, and 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 that he initially enlisted in the Regular Army on 19 March 1968 for a period of 4 years.  He completed his training and he was awarded military occupational specialty (MOS) 98C (Traffic Analyst).  He was honorably released from active duty (REFRAD) on 8 December 1971.  The applicant served in various United States Army Reserve (USAR) units, was ordered to active duty on 22 January 2002, and he was REFRAD on 21 January 2004 after completing a total of 26 years and 2 months of military service. 

3.  Item 14 (Military Education) of the applicant's DD Form 214, issued on the date of his 21 January 2004 REFRAD, is blank.   Item 14 on the DD Form 214, dated 31 August 1989, shows the “Warrant Officer Technical Certification Course, Phase II, 3 weeks, 1989//nothing follows."  Item 26 (Education and Training Completed) of the DD Form 214, dated 8 December 1971, shows “Traffic Analyst, 98C2O, USASA, 14 weeks, 1968; Tactical Analyst 232-F2, USASA, 3 weeks, 1970; ATP 21- 114 and Code of Conduct. "

4.  The applicant provides evidence that he completed the Army Pre-Commission Course, Advanced EW/Cryptologic Noncommissioned Officer (NCO) Course, Intelligence Analyst Phase I,  Intelligence Analyst Phase II, Military Intelligence Officer Basic Course, WOCS, Standardized COMSEC Custodian Course, Prerequisite Studies for Warrant Officer Advanced Course, Battle Focused training Course, and Information Operations 101 Course. 

5.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  Paragraph 2-4 (Completing the
DD Form 214) provides detailed instructions and source document(s) for completing each block of the DD Form 214.  This document states that in item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  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 contentions that his discharge document should be corrected to show all of his military training were carefully considered and are not supported by the evidence.  

2.  The applicant provides evidence that he completed all the required training for the courses he submitted with his request.  However, based on the governing regulation, these courses are not recorded on the DD Form 214 unless completed during the period covered by the DD Form 214.  The applicant served on active duty from 19 March 1968 through 8 December 1971 and from              22 January 2002 through 21 January 2004.  None of the following courses were completed during a period of service covered by either of his DD Forms 214: 

* Army Pre-Commission Course, 1984
* Advanced EW/Cryptologic Noncommissioned Officer (NCO) Course, 1985
* Intelligence Analyst, Phase I, 1986
* Intelligence Analyst, Phase II, 1986
* Military Intelligence Officer Basic Course, 1986
* Warrant Officer Candidate School (WOCS), 1989
* Standardized COMSEC Custodian Course, 1991
* Prerequisite Studies for Warrant Officer Advanced Course, 1996
* Battle Focused Training Course, 1996
* Information Operations 101, 1999

3.  These certificates of training recognize that the applicant completed the required training for the courses attended.  Therefore, these course completion certificates and DA Forms 1059 will be placed in the applicant's Official Military Personnel File along with this Record of Proceedings. 






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  __X_____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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)                                         AR20090020815





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090020815



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1