IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023625
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his drill sergeant training and status.
2. He states that on 9 May 1975 he graduated from the Fort Dix Leadership Academy as a drill sergeant. He adds he served in this position from the date of graduation unit his discharge date of 2 May 1977.
3. He provides the following:
* DD Form 214
* Honorable Discharge Certificate
* Certificate of Graduation
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 applicants records show he enlisted in the U.S. Army Reserve on 3 May 1971. On 15 July 1971, he was ordered to active duty for training (ADT). He served 3 months and 27 days on active duty and was honorably released on
11 November 1971.
3. A certificate of graduation, dated 9 May 1975, shows he successfully completed the Drill Sergeant Course.
4. His records contain no other DD Forms 214 indicating he completed ADT for the Drill Sergeant Course or any other type of training.
5. An Honorable Discharge Certificate shows he was honorably discharged from the United States Army on 3 May 1977.
6. Army Regulation 635-5 (Separation Documents) states 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
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of any other DD Forms 214 indicating he completed any type of ADT.
2. Evidence of record shows the applicant's DD Form 214 credits him with 3 months and 27 days of active duty service from 15 July 1971 to 11 November 1971. He did not complete the Drill Sergeant Course until May 1975, over three years after the issuance of his DD Form 214. Any subsequent training or achievement that occurred after his date of separation from active duty cannot be listed on this DD Form 214. Therefore, his DD Form 214 is correct as constituted.
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) AR20100023625
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ABCMR Record of Proceedings (cont) AR20100023625
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