BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023028
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 he completed the Army Precommission Course and Unit Nuclear, Biological, and Chemical (NBC) Defense Officer/ Noncommissioned Officer (NCO) Course.
2. The applicant states his DA Form 2-1 (Personnel Qualification Record) shows he completed the two courses. However, the Army Training Requirements and Resources System (ATRRS) did not transfer all of his military education information and the two courses were inadvertently omitted from his DD Form 214.
3. The applicant provides copies of his course completion documents, page 2 of his DA Form 2-1, and 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 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 Regular Army on 27 September 1977. Upon completion of training he was awarded military occupational specialty (MOS) 72C (Central Office Switchboard Operator).
3. The applicant continued to serve on active duty and he was promoted to master sergeant (MSG)/E-8 in MOS 79R (Recruiting Retention), effective
1 August 1996. He was subsequently laterally appointed to first sergeant (1SG)/E-8.
4. An Army Institute for Professional Development, U.S. Army Training Support Center, Fort Eustis, VA, Correspondence Course Completion Notice, dated
26 September 1987; Diploma, dated 26 September 1987; and DA Form 1059 (Service School Academic Evaluation Report) for the period 6 June 1986 through 26 September 1987 show the applicant successfully completed the non-resident Army Precommission Course.
5. An Army Institute for Professional Development, U.S. Army Training Support Center, Fort Eustis, VA, Certificate of Completion, shows the applicant completed the Unit NBC Defense Officer/NCO Course on 3 June 1988.
6. The applicant's DA Form 2-1, item 17 (Civilian Education and Military Schools), in pertinent part, shows the applicant completed the non-resident Army Precommission Course in 1987 and non-resident NBC Officer Course in 1988.
7. The applicant's DD Form 214 shows he was honorably retired from active duty on 30 September 1998 and he was transferred to the U.S. Army Reserve Control Group (Retired). He had completed 21 years and 4 days of total active service. Item 14 (Military Education) [with continuation in Item 18 (Remarks)] does not show the Army Precommission Course or Unit NBC Defense Officer/NCO Course.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Chapter 2 contains guidance on the preparation of the DD Form 214 and Table 2-1 contains item-by-item instructions for completing the DD Form 214. It states for item 14 (Military Education), list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. As an exception to full-time attendance, list Command and General Staff College and Senior Service College completed by
correspondence courses. 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. When in doubt, refer to the course description to determine its usefulness to the Soldier after transitioning from the Army.
DISCUSSION AND CONCLUSIONS:
Records show the applicant completed the non-resident Army Precommission Course and the non-resident Unit NBC Defense Officer/NCO Course. However, with the exception of specific non-resident (correspondence) courses, the Army regulation governing completion of item 14 of the DD Form 214 does not authorize the entry of non-resident courses. The courses that the applicant requests to be entered in item 14 of his DD Form 214 do not meet the governing regulatory criteria. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100023028
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ABCMR Record of Proceedings (cont) AR20100023028
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