IN THE CASE OF:
BOARD DATE: 8 March 2011
DOCKET NUMBER: AR20100018875
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 the following military schooling be added to her
DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 November 2003:
* Basic Training
* Advanced individual training for military occupational specialty (MOS) 88M (Motor Transport Operator)
* 95C (Corrections Specialist) Corrections School
* Primary Leadership Development Course (PLDC)
* Noncommissioned Officer (NCO) Basic Leadership School (BNCOC)
* NCO Academy for BNCOC
2. The applicant states her military educational schooling is listed under her primary MOS and her college is not honoring them because they are not listed as military education on her DD Form 214.
3. The applicant provides:
* her DD Form 214
* Certificate of Completion for Corrections Course (MOS 95C)
* a transcript of the Corrections Course (MOS 95C)
* Certificate of Completion for Reserve Component PLDC
* Certificate for completion of the NCO Basic Leadership Course
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 on 24 November 1997 for a period of 8 years. She completed basic combat and advanced individual training and was awarded MOS 88M. She was also awarded MOS 95C; however, the date of the award is not shown in her official military records in the (integrated Personnel Electronic Records Management System. If she was issued a DD Form 214 for the period she attended basic combat and advanced individual training, it is not in her records.
3. She was ordered to active duty on 21 January 2003 for 365 days in support of Operation Enduring Freedom.
4. On 15 November 2003, she was released from active duty. She had completed 9 months and 25 days of active service that was characterized as honorable. Item 14 (Military Education) on her DD Form 214 shows no military education was completed during this period of active service.
5. The certificate for completion of the Corrections Course MOS 95C was issued by the Army Institute for Professional Development on 17 March 1999. The certificate indicates this course was a correspondence course.
6. The certificate for completion of the Reserve Component PLDC indicates the course was conducted by the NCO Academy from 29 July - 12 August 2000.
7. The certificate for completion of the NCO Basic Leadership Subjects Course was issued by the Army Institute for Professional Development on 21 January 2003. The certificate indicates this course was a correspondence course.
8. Army Regulation 635-5 (Separation Documents) states formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be entered in Item 14 of the DD Form 214. Combat skills training is not listed.
DISCUSSION AND CONCLUSIONS:
1. The Corrections Course MOS 95C was completed on 17 March 1999 and the Reserve Component PLDC was completed on 12 August 2000. These courses were not completed during the period of active service, from 21 January 2003 to 15 November 2003, covered by her DD Form 214. Therefore, these courses are not entered in item 14 of her DD Form 214 with a separation date of
15 November 2003.
2. The certificate for completion of the NCO Basic Leadership Course indicates this was a correspondence course. The regulation states only formal in-service (full-time attendance) training courses are to be listed in item 14 of the DD Form 214. Therefore, this course is not entered in item 14 of her DD Form 214.
3. There is no evidence she completed any formal in-service training course, including basic and advanced individual training, during the period of active duty covered by her DD Form 214. If she had been issued a DD Form 214 for the period she completed basic training and advanced individual training, her 88M training should have been entered on that DD Form 214. Basic training would not have been listed as it is considered a combat skills course.
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) AR20100018875
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100018875
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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