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ARMY | BCMR | CY2011 | 20110004179
Original file (20110004179.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    1 September 2011

		DOCKET NUMBER:  AR20110004179 


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 item 14 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 January 2006 to show his military education as indicated in item 12 (Military Education) and continued in item 18 (Remarks) of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

2.  He states:

* his DD Form 214 does not reflect any military education
* he needs his DD Form 214 corrected so that his records in the Army Training Requirements & Resources System (ATRRS) are updated
* the ATRRS records are used to update Army Continuing Education (ACE) records that provide the transcript utilized in the Post 9-11 GI Bill for an institute of higher learning to provide credit for military education and training

3.  He provides his:

* DD Form 214 for the period ending 14 January 2006
* NGB Form 22 for the period ending 15 January 2006


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 Army National Guard on 1 April 1963.  Items 12 and 18 of his NGB Form 22 show he completed the following courses:

Course Title
Month/Year Completed
Personnel Clerk 
December 1964
Aircraft Repair Parts Specialist 
September 1973
Advanced Noncommissioned Officer (NCO)
February 1977
Senior NCO 
May 1978
Administrative Supply Technician
January 1979
Military Personnel Technician
November 1981
Reserve Component Reenlistment NCO
April 1983
Strategic Mobilization
1985
Unit Maintenance Management System
1986
Transportation of Hazardous Material 
October 1986
Staff Level Logistics 
March 1987
Sergeant Major Academy
July 1987
Senior Maintenance 
August 1987
"WOC" 
April 1990
"BSC"
May 1992
Supply Training
August 1998
Environmental Comp Off
September 1998
Unit Level Logistics System
1998
3.  On 5 January 2004, he was ordered to active duty for special work (ADSW) for the purpose of Full Time National Guard Mobilization Augmentee. 

4.  He was released from active duty on 14 January 2006 at the completion of his required active service.  Item 14 of his DD Form 214 shows the entry "NONE."  His service record does not indicate he completed any training courses during the period covered by this DD Form 214.
5.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation states that item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to reflect his military education was carefully considered; however, his service record does not indicate that an error or injustice exists in his case.

2.  Based on Army Regulation 635-5, formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 will be entered in item 14.

3.  Since he completed all of the courses recorded in items 12 and 18 of his NGB Form 22 prior to his DD Form 214 for the period ending 14 January 2006, these courses are not authorized to be recorded in item 14 on this discharge document.  However, the education entries on his NGB Form 22 should suffice for updating his ACE record.

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)                                         AR20110004179



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110004179



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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