IN THE CASE OF:
BOARD DATE: 8 March 2012
DOCKET NUMBER: AR20110017541
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 the Fixed Wing Multi-Engine Course, Aviation Officer Basic Course, and Initial Entry Rotary Wing Course be added to item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 23 December 1999.
2. He states the clerk made a mistake in not adding these courses.
3. He provides:
* his DD Form 214 for the period 12 January 1989 through 27 April 1990
* U.S. Army Reserve Personnel Center Travel Order Number T-12-804338
* U.S. Army Aviation Center Fixed Wing Multi-Engine Qualification Course, Class 96-03 Diploma
* Flight Safety printout
* Standard Evaluation/Training Grade Slip
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. His military records show after prior enlisted service he was commissioned as a Reserve Commissioned officer in the Army National Guard on 26 June 1988 as an aviation officer in the rank of second lieutenant.
3. Item 14 of his DD Form 214, for the period 12 January 1989 through 27 April 1990, contains entries showing he successfully completed the Aviation Officer Basic Course in 1989 and the Initial Entry Rotary Wing Course in 1990.
4. He was separated from the Army National Guard on 27 December 1990 and assigned to the Individual Ready Reserve the following day. In March 1991 he was transferred to a U.S. Army Reserve troop program unit and he was ordered to active duty on 9 September 1992.
5. His records maintained in the interactive Personnel Electronic Records Management System contain a DA Form 1059 (Service School Academic Evaluation Report) showing he successfully completed the Fixed Wing Multi-Engine Qualification Course, Class 96-03 during the period 5 December 1995 to 12 March 1996.
6. He was honorably retired from active duty for permanent disability on 23 December 1999. The Fixed Wing Multi-Engine Qualification Course is not listed on his DD Form 214 for this period of active duty.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, stated in-service training courses successfully completed during the period of service covered by the DD Form 214 would be listed by the title, number of weeks, and year completed.
DISCUSSION AND CONCLUSIONS:
1. His DD Form 214 for the period 12 January 1989 through 27 April 1990 correctly shows the Aviation Officer Basic Course and the Initial Entry Rotary Wing Course. As such, there is no error and no basis for adding these courses to his DD Form 214 for the period ending 23 December 1999.
2. His DA Form 1059 shows he successfully completed the Fixed Wing Multi-Engine Qualification Course from 5 December 1995 to 12 March 1996, a period of 14 weeks. Therefore, it would be appropriate to correct his DD Form 214 for the period ending 23 December 1999 to show this completed course.
3. In view of the foregoing, he is entitled to have his records corrected as shown below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry "Fixed Wing Multi-Engine Qualification Course, 14 weeks, 1996" to item 14 of his DD Form 214 for the period ending 23 December 1999.
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Aviation Officer Basic Course and the Initial Entry Rotary Wing Course to his DD Form 214 for the period ending 23 December 1999.
_______ _ ___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) AR20110017541
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ABCMR Record of Proceedings (cont) AR20110017541
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