IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110008262
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her basic training information and all unit awards awarded to the 94th General Hospital, Seagoville, TX, as a result of the unit's activation for Operation Iraqi Freedom.
2. The applicant states her basic training must be shown on her DD Form 214 to receive credit for having gone through Fort Leonard Wood, MO, and to qualify for college credits/Federal hiring preferences.
3. The applicant provides her DD Form 214 and a certificate of training.
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's records show she enlisted in the U.S. Army Reserve on 6 November 1997 and was assigned to the 94th General Hospital.
3. She was ordered to initial active duty for basic combat and advanced individual training (AIT) on 3 February 1998. She completed basic combat and AIT and she was awarded military occupational specialty 91B (Medical Specialist).
4. She was honorably released from active duty for training on 16 September 1998. She completed 7 months and 14 days of creditable active service.
5. Her records indicate she did not serve on active duty during any other period.
6. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of her DD Form 214 shows the Army Service Ribbon.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states 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.
8. Chapter 2 of Army Regulation 635-5 states to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 in item 14 (Military Education). This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served on active duty for training from 3 February through 16 September 1998. Army Regulation 635-5 states training courses for combat skills will not be listed on the DD Form 214. In addition, there are no provisions for adding awards to the DD Form 214 which were awarded or for which a Soldier qualified after the Soldier was released from active duty. Therefore, she is not entitled to the 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 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) AR20110008262
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ABCMR Record of Proceedings (cont) AR20110008262
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