IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100010274
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 Block 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Advanced Noncommissioned Officer Course (ANCOC) phases 1 and 2.
2. The applicant states he has five DD Forms 214 and only one lists military education.
3. The applicant provided copies of his DD Form 214 and Service School Academic Reports (DA Form 1059's) for both phases.
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's record shows he enlisted in the Regular Army on 14 August 1984. Records show he completed the training requirements and he was awarded military occupational specialty 11B (Infantryman). The highest rank he attained while serving on active duty was sergeant SGT/E5.
3. He was honorably separated on 24 February 1992. The DD Form 214 he was issued at the time shows he completed 7 years, 6 months, and 11 days of creditable active service.
4. He subsequently enlisted in the United States Army Reserve (USAR) on
25 February 1992. The following DD Forms 214 indicate he served in an Active Duty Special Work (ADSW) status during the following periods:
* 18 March 1996 through 26 September 1996
* 9 October 1996 through 9 April 1997
* 5 February 2003 through 31 December 2003
* 9 January 2004 through 29 December 2004
5. The applicant's records show he completed ANCOC phase 1 on 26 April 2001 and phase 2 on 30 May 2001.
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. It states the DD Form 214 is prepared for all Soldiers at the time of their discharge, retirement, or release from the Active Army. Block 14 states to 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's contention that his DD Form 214 should be corrected to show he completed ANCOC phases 1 and 2 was carefully considered.
2. The applicant's records show he completed both phases of ANCOC; however, these courses were not completed during a period when he was on active duty. As a result, the DD Forms 214 are correct as currently constituted.
3. Based on the forgoing there is insufficient evidence to support the relief requested.
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) AR20100010274
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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