IN THE CASE OF:	  

		BOARD DATE:	 13 January 2011 

		DOCKET NUMBER:  AR20100016213 


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 all of his military education and training be recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that the Army did not enter all of his military education on his DD Form 214.  He specifically requests the inclusion of the Jungle Warfare Course, Aircraft Loading Course, Defensive Driving Course, and the Italian Military Paratrooper Course.

3.  The applicant provides copies of Junior Reserve Office Training Corps (ROTC) training program Certificate, ROTC Basic Camp Summer Training Course, a Fayetteville Technical Institute Automotive Equipment Operations Course Certificate, a 1979 National Safety Council Certificate of Appreciation for the Defensive Driving course, a DA Form 1307 (Jump Record), an Italian Military Paratrooper Course training certificate and qualification card, a U.S. Air Force Aircraft Loading Course Certificate, a 1981 Jungle Warfare Course training certificate, and his DD Form 214.

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.  Prior to entry onto active duty, the applicant completed the Junior Reserve Office Training Corps training program and the ROTC Basic Camp Summer Training Course.

3.  He enlisted in the Regular Army on 11 October 1978, completed basic training, advanced individual training in the military occupational specialty (MOS) 
11C (Indirect Fire Infantryman), basic airborne training and Indirect Fire Crewmember training.

4.  On 6 April 1979 the applicant was awarded a certificate of completion of a 40 hour Automotive Equipment Operations course from the Fayetteville Technical Institute.

5.  The applicant was awarded a National Safety Council Certificate of Appreciation on 9 April 1979 for participation in their Defensive Driving Course.  The type and duration of this training is not of record.

6.  On 4 March 1980, the applicant received a certificate of training for completion of a 1 week U.S. Air Force Aircraft Loading Course.

7.  The DA Form 1307 shows the applicant made three parachute jumps in Italy during July and August 1980.

8.  The Italian Military documents show the applicant received an Italian Military Paratrooper certificate on 29 August 1980.  It does not indicate what type of training (formal, informal, or certification) or the duration of the training.

9.  A Jungle Operations Training Center Certificate shows the applicant completed the Jungle Warfare Training Course on 20 March 1981.

10.  The applicant was honorably released from active duty on 10 October 1981. His DD Form 214, at item 14 (Military Education), lists only a 1981 Brick Masonry Course.

11.  None of the certificates provided by the applicant are included in his Official Military Personnel File.  The only certificate of training of record is for the 1981 DA Masonry Course listed on his DD Form 214.

12.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not reflect any periods of service outside of the continental United States and does not list any education except his MOS and Airborne training. 

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  It states that the entry at item 14, Military Education, is taken from the Enlisted Record Brief.  Items to be listed are formal in-service (full-time attendance) training courses successfully completed during the period of service covered.  Include the title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.  When in doubt, refer to the course description in DA Pam 351-4 to determine its usefulness to the Soldier after transitioning from the Army.

14.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that the Army did not enter all of his military education on the DD Form 214.  He specifically requests the inclusion of the Jungle Warfare Course, Aircraft Loading Course, Defensive Driving Course, and the Italian Military Parachuting Course.

2.  The Junior ROTC Training Course and ROTC Basic Camp were not completed during the period covered by the DD Form 214 and as such it do not meet the criteria for inclusion on the DD Form 214.

3.  The Automotive Equipment Operations Course was offered as a continuing education course through the Fayetteville Technical Institute not through the Army.  As such it does not meet the criteria for inclusion on the DD Form 214.

4.  The Certificate of Appreciation for participation in the National Safety Council Defensive Driving course does not provide any information on the nature and duration of the course.  Without validation of the type and duration of this training it is not appropriate to correct the record at this time.

5.  The nature and duration of the training leading to Italian Military Paratrooper certificate is not of record.  Without validation of the type and duration of this training it is not appropriate to correct the record at this time.

6.  The Jungle Warfare Course is a combat skills course and as such it does not meet the criteria for inclusion on the DD Form 214.

7.  The 1 week US Air Force Aircraft Loading Course meets the requirements for inclusion on the DD Form 214 and it appropriate to correct this omission.

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 including on the DD Form 214 at item 14 the entry "Aircraft Loading Course, 1 week, 1980".

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 including Junior ROTC Training Course, ROTC Basic Camp, Automotive Equipment Operations Course, National Safety Council Defensive Driving course, Italian Military Paratrooper training and the Jungle Warfare Course on the DD Form 214.



      _______ _   _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)                                         AR20100016213





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ABCMR Record of Proceedings (cont)                                         AR20100016213



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