IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100014855
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) to show he completed the Basic Noncommissioned Officer (NCO) Course (BNCOC) and the Primary Leadership Development Course (PLDC).
2. The applicant states, in effect, he completed PLDC in 1983 and BNCOC in 1994.
3. The applicant provides no documentation in support of his request.
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 23 October 1979. He was trained in and awarded military occupational specialty (MOS) 63F (Recovery Specialist) and later served in MOS 63Y (Track Vehicle Mechanic). He retired under the voluntary early retirement program on 31 December 1994 after completing 15 years, 2 months, and 8 days of active military service.
3. His DD Form 214 shows the following in item 14 (Military Education):
* Motor Officer Course, 1 weeks [sic], 1986
* Junior Leadership Maintenance Orientation Course, 1 weeks [sic], 1982
* Leadership Development Course, 1 weeks [sic], 1988
4. A DA Form 1059 (Service School Academic Evaluation Report) confirms he completed PLDC at the Fort Stewart NCO Academy on 14 October 1983.
5. The record is void of documentation showing he attended or completed BNCOC.
6. Army Regulation 635-5 (Separation Documents) provides instructions for completing the DD Form 214. The version in effect at the time stated for item 14 list formal in-service (full-time attendance) training courses completed during the period of service covered by the DD Form 214. Courses were to be listed by title, length in weeks, and month and year completed. The information was intended to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills were not listed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request for correction of his DD Form 214 to show he attended PLDC. Therefore, he is entitled to correction of his DD Form 214 to show this course.
2. The evidence does not support his request for BNCOC to be added to his DD Form 214. The available records do not show the applicant completed BNCOC. In the absence of official documentation showing he completed this course, there is no basis for correction of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
______X__ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 14 of his DD Form 214 "Primary Leadership Development Course, 4 weeks, October 1983."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to BNCOC.
_______ _ __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) AR20100014855
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ABCMR Record of Proceedings (cont) AR20100014855
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