BOARD DATE: 3 November 2011
DOCKET NUMBER: AR20110009734
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty), item 14 (Military Education), be corrected by:
a. removing the entry "US ARMY WAR COLLEGE, 40 WKS, 1994"; and
b. replacing it with the entry US ARMY WAR COLLEGE, 40 WKS, 1996.
2. The applicant states he was assigned to the U.S. Army War College (USAWC) on 9 August 1995 to attend the Senior Service College Fellowship program at the University of Texas.
3. The applicant provides:
* DD Form 214
* Officer Record Brief (ORB)
* Orders 139-00214
* Orders 144-00214
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 is a retired U.S. Army Acquisition Corps officer. He served over 23 years in a variety of assignments and attained the rank of colonel.
3. The applicant provides orders and an ORB which show his report date to the USAWC student detachment as August 1995.
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214 and states item 14 enter the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and include title, length in weeks, and year completed.
DISCUSSION AND CONCLUSIONS:
Evidence shows the applicant was assigned to the USAWC in August 1995. It is clear the entry on his DD Form 214 is an administrative error. In light of this discovery, the applicant is entitled to correction of his DD Form 214.
BOARD VOTE:
___x_____ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. Deleting from item 14 of his DD Form 214 the entries "US ARMY WAR COLLEGE, 40 WKS, 1994"; and
b. Adding to item 14 of his DD Form 214 the entry "US ARMY WAR COLLEGE, 40 WKS, 1996.
_______ _ 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) AR20110009734
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