IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100021379
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 his military training.
2. The applicant states he wants his military training entered on his DD Form 214.
3. The applicant provides copies of training certificates for the Combat Lifesaver Course; Nuclear, Biological, and Chemical (NBC)/Noncommissioned Officer (NCO) Defense Course; Hazardous Material Familiarization and Awareness Training Course; and the Level 1 Awareness Training 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. On 15 July 2004, the applicant was ordered to active duty as a member of the Army National Guard (ARNG). He was a specialist, pay grade E-4 and held military occupational specialty 13B (Cannon Crewmember).
3. The applicant has provided a Department of the Army Certificate of Training, dated 12 August 2004, stating that he successfully completed the 40-hour Combat Lifesaver Course.
4. The applicant has provided a Department of the Army Certificate of Training, undated, stating that he successfully completed the 40-hour "NBC/NCO Defense Course" from 14 to 18 April 2002.
5. The applicant has provided a Certificate of Training, given at Fort Dix, New Jersey, dated 18 August 2004, that shows he successfully completed the Hazardous Material Familiarization and Awareness Training Course. It also indicates he successfully completed the test for transporting and handling of hazardous material including ammunition and explosives.
6. The applicant provided a Certificate of Completion of Level 1 Awareness Training, dated 20 January 2005. The certificate appears to have been signed by the applicant but it does not bear the signature of the certifying official.
7. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The entry, (course Title, number of weeks, and month and year completed) in Item 14 (Military Education) show formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214. This information is intended to assist the Soldier in job placement and counseling; therefore, training course for combat skills are not to be listed.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show his military training.
2. The certificate provided by the applicant for successful completion of the Combat Lifesaver Course sufficiently shows successful completion of this training. Therefore, his DD Form 214 should be corrected to show this training course.
3. The certificate provided by the applicant for successful completion of the Hazardous Material Familiarization and Awareness Training Course does not indicate that this was formal training of 1 week or longer. Therefore, this training should not be added to his DD Form 214.
4. The certificate provided by the applicant for successful completion of the NBC/NCO Defense Course indicates the training was completed in 2002, prior to his period of active service. Therefore, this training should not be added to his DD Form 214.
5. The Certificate of Completion for the Level 1 Awareness Training, dated
20 January 2005, is not sufficient evidence to add this training to his DD Form 214, because the certificate is not signed by the certifying official. Furthermore, it does not indicate that the training was completed in a formal class setting.
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 showing in Item 14 of his DD Form 214: Combat Lifesaver Course, 1 week, August 2004.
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 adding the NBC/NCO
Defense Course, Hazardous Material Familiarization and Awareness Training Course, and the Level 1 Awareness Training on his 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) AR20100021379
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ABCMR Record of Proceedings (cont) AR20100021379
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