IN THE CASE OF:
BOARD DATE: 2 September 2010
DOCKET NUMBER: AR20100007500
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect in item 14 (Military Education) that he completed the Infantry Officer Basic Course (IOBC), the Infantry Officer Advanced Course (IOAC), and the Special Forces Officer Course (SFOC).
2. The applicant states he completed the three courses and they were omitted from his DD Form 214; however, he needs these courses entered on his DD Form 214 in order to receive credits for those courses necessary to receive a teaching certificate.
3. The applicant provides copies of:
* his DD Form 214
* his DA Form 1059 (Service School Academic Evaluation Report) for completion of the IOBC
* his DA Form 1059 for completion of the IOAC
* his DA Form 1059 for completion of the SFOC
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 was commissioned as a Regular Army second lieutenant upon graduation from the U.S. Military Academy at West Point on 5 June 1974.
3. He completed the IOBC, the IOAC, and the SFOC while on active duty and on 1 February 1983, while serving in the rank of captain, he was honorably discharged due to miscellaneous reasons (unqualified resignation). He served 8 years, 7 months, and 27 days of total active service.
4. His DD Form 214 issued at the time of his discharge shows in item 14 that he completed the "German Language Course, 32 weeks, August 1979."
5. The applicant subsequently accepted a commission in the U.S. Army Reserve and continued to serve until he was honorably discharged in the rank of colonel on 11 May 2000. He had 24 years, 11 months, and 8 days of qualifying service for retired pay purposes.
6. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time stated that for item 14 of the DD Form 214, list in-service training courses by title, number of weeks, and year successfully completed during this period of service (e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations). This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.
7. Army Regulation 635-5 currently in effect still provides that training courses for combat skills will not be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his completion of the IOBC, the IOAC, and the SFOC should be entered on his DD Form 214 has been noted and found to lack merit.
2. The courses in question are all combat skills courses and in accordance with the applicable regulation are not authorized for entry on the DD Form 214. Accordingly, it appears that his DD Form 214 was properly prepared and there appears to be no basis to grant his request.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the applicant's record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_________________________
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) AR20100007500
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100ARMY | BCMR | CY2009 | 20090011277
The applicant requests that item 9 (Type of Report) on his DA Form 1059 (Service School Academic Evaluation Report), dated 24 August 1979, be corrected to show "Resident" instead of "Nonresident." He states that only a resident course could be completed in 2 weeks. DISCUSSION AND CONCLUSIONS: The applicant's DA Form 1059 shows he completed the 2-week Phase II of the IOAC at the USAR School at Fort Benning, Georgia on 24 August 1979 which is resident training.
ARMY | BCMR | CY2008 | 20080005683
The applicant requests correction of his Report of Separation from Active Duty (DD Form 214) to show award of the Army Commendation Medal. DISCUSSION AND CONCLUSIONS: There is no available evidence of record to corroborate the certificate provided by the applicant showing that he was awarded the Army Commendation Medal. _________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...
ARMY | BCMR | CY2009 | 20090017842
The applicant requests correction of his military record to show his successful completion of the Jungle Warfare Training Course. This form does not show the applicant completed the Jungle Warfare Training Course. The evidence clearly shows the DA Form 1059 was in use at the time the applicant completed the Jungle Warfare Training Course.
ARMY | BCMR | CY2010 | 20100021882
A review of his records maintained in the interactive Personnel Electronic Records Management System (iPERMS) revealed that HRC-St. Louis (HRC-STL), issued the applicant a notification of promotion status memorandum, dated 3 July 2007, advising him he had been considered and was not among those selected for promotion by the Department of the Army Reserve Components Mandatory Selection Board that convened on 12 March 2007. Army Regulation 135-175 provides that an officer in the grade of...
ARMY | BCMR | CY2009 | 20090002736
He states that the continuation of item 14 in item 18 (Remarks) incorrectly reads 1996 when it should be 2000 as the year he completed his Health Care Specialist course and that the 5-week Indirect Fire Infantryman course he completed in 1996 was erroneously omitted from his DD Form 214 3. His DA Form 2-1 (Personnel Qualification Record) contains entries in item 17 (Civilian Education and Military Schools) that confirm he completed a 13 week military occupational specialty (MOS) 11C...
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 | CY2009 | 20090020815
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. 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. " However, based on the governing regulation, these courses are not recorded on the...
ARMY | BCMR | CY2011 | 20110024957
Therefore, it would be appropriate to correct his DD Form 214 to show these training courses. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Sapper Badge and adding this badge to item 13 of his DD Form 214; and b. adding the following training to item 14 of the individuals DD Form 214: * Air Assault School, 1 week, 1980 * Airborne Course, 3 weeks, 1989 2. As a result, the Board recommends denial of...
ARMY | BCMR | CY2009 | 20090014065
The applicant requests that item 11 (Primary Specialty) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he served in military occupational specialty (MOS) 11B (Infantryman) for 5 years and 11 months and in MOS 42L (Administrative Specialist) for 4 years and 2 months; that item 14 (Military Education) be corrected to show he completed the 11-week Infantryman Course in March 1996, the 4-week Primary Leadership Development Course (PLDC) in...
ARMY | BCMR | CY2006 | 20060000326C070205
This document shows, in pertinent part, for Item 14 (Military Education), from the ERB/ORB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. The evidence of record shows that the applicant successfully completed the Battle Staff Noncommissioned Officer Course on 20 November 2004 and that the formal course of instruction was 3 weeks in length. As a result, the Board recommends that all Department...