IN THE CASE OF:
BOARD DATE: 12 April 2011
DOCKET NUMBER: AR20100015780
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) of her
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show Arabic (AD) Special Operations Language Training I.
2. The applicant states item 14 shows the Basic Arabic Course but this course title means nothing.
3. The applicant provides a DD Form 214, a Special Forces Association Certificate, a Certificate of Training, and a change of name order.
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 U.S. Army Reserve (USAR) on 4 April 1990. She reenlisted in the USAR on 28 March 1998. She entered active duty on
12 June 2003.
3. A DA Form 1059 (Service School Academic Evaluation Report), dated
30 August 2004, shows she completed the Arabic (AD) Special Operations Language Training I on 2 December 2003. Item 9 (Type of Report) shows the entry "Nonresident." Item 16 (Comments) shows among other entries, the entry "Student participated in Home Station Basic Acquisition Training."
4. The applicant was released from active duty on 8 September 2004. The applicant's DD Form 214, Item 14 shows the entry "Basic Arabic Course,
24 weeks, December 2003."
5. Army Regulation 635-5 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 and states that:
a. the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service.
b. it provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
c. that for 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 14 of her DD Form 214 should be corrected to show Arabic (AD) Special Operations Language Training I instead of the Basic Arabic Course.
2. The applicant's DA Form 1059 shows she completed Arabic (AD) Special Operations Language Training I. This form also shows the course was completed in a nonresident status and that she participated in home station training. The regulatory guidance provides that "full-time attendance" training courses are to be listed in item 14. The available evidence indicates she completed this training in a nonresident status/home station training and not as a full-time student. Therefore, she is not entitled to correction of her DD Form 214 to show this course.
3. In view of the above, there is no basis to grant the applicant's request.
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) AR20100015780
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100015780
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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