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ARMY | BCMR | CY2010 | 20100018300
Original file (20100018300.txt) Auto-classification: Approved

		
		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100018300 


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 completion of the Arctic Environmental training course, Jungle Warfare training course, Basic Airborne training, and Army Ranger School be added to his DD Form 214 (Certificate of Release or Discharge) 

2.  The applicant states these courses were omitted from his DD Form 214.

3.  The applicant provides two DD Forms 214 and certificates of completion for three courses.  

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 enlisted in the Regular Army on 14 January 1975 and reenlisted on 20 July 1977.  He was released from active duty 18 July 1980.

3.  The applicant received a DD Form 214 for his first enlistment showing completion of his military occupational specialty (MOS) 11B (Infantryman) training and basic airborne training.  His next DD Form 214 shows no military education.

4.  He completed a four week Arctic Environmental Training course on 4 March 1977 and a two week Jungle Warfare training course on 5 June 1977.  Neither of these courses are shown on the 1977 DD Form 214.

5.  The record contains not evidence that the applicant successfully completed Army Ranger training.

6.  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 all formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be included on the DD Form 214 at item 14 (Military Education).  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 states that his completion of the Arctic Environmental training course, Jungle Warfare training course, Basic Airborne training, and Army Ranger School were omitted from his DD Form 214.

2.  At the time of his first enlistment the DD Form 214 did not have a specific line item for military education.  The applicant's 1977 DD Form 214 includes his MOS training and Basic Airborne training but omits his Arctic Environmental training course and Jungle Warfare training course.

3.  The applicant's 1977 DD Form 214 should not have listed his MOS training as it is considered a combat skills course as is the Jungle Warfare training course. 

4.  The Arctic Environmental Training course is to mentally and physically prepare personnel to operate safely and effectively in an inherently dangerous arctic environment.  This is not specifically a combat skills course and should be listed on the 1977 DD Form 214.

5.  The applicant has not provided and the record contains no evidence that he completed any Army Ranger training.

6.  Only courses completed during the period that a DD Form 214 covers are to be listed on that specific DD Form 214.  Therefore, none of the applicant's training courses should be reflected on his second 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 adding at item 27 on the 19 July 1977 DD Form 214 the Arctic Environmental Training course.

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 is in excess of the above correction.



      _______ _ 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.



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ABCMR Record of Proceedings (cont)                                         AR20100018300



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