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ARMY | BCMR | CY2011 | 20110024957
Original file (20110024957.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  28 August 2012

		DOCKET NUMBER:  AR20110024957 


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 (Certificate of Release or Discharge from Active Duty) to the following:

* Sapper Tab
* Sapper Leader Course, 4 weeks, 1988
* Air Assault School, 1 week, 1980
* Airborne Course, 3 weeks, 1989 
* Special Forces Assessment and Selection Course, 4 weeks, 1991
* Special Forces Engineer Course, 23 weeks, 1992
* Air Movement Operation Course, 2 weeks, 1993
* 30-Day Combat Fighting Course, 4 weeks, 1996
* Target Analysis Course, 2 weeks, 1997

2.  He states the Sapper Tab became authorized after his retirement and the new award needs to be added.  He further contends his request to have the listed schools added to his DD Form 214 was denied because they had no civilian significance.  He worked hard, successfully completed the courses, and earned the right to have them listed.  In today's contracting world, the training from these courses is looked at by potential employers.


3.  The applicant provides:

* DD Form 214, effective 30 June 2000
* DA Form 2-1 (Personnel Qualification Record)
* Special Forces (SF) Engineer Sergeant Course Diploma/DA Form 1059 (Service School Academic Evaluation Report)
* Certificates of Training/Completion for the following:

* Air Assault School
* Sapper Leader Course
* Target Analysis
* Airborne Course
* Special Forces Assessment and Selection Course

* Certificate of Graduation, 30-Day Combat Fighting Course
* Air Movement Operations Course Certificate of Achievement

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 is a retired sergeant first class/E-7 who served continuously in the Regular Army beginning with his enlistment on 31 January 1980 and ending with his honorable retirement on 30 June 2000.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not list the Sapper Badge.

4.  Item 14 (Military Education) of his DD Form 214 shows:

* Trainer Workshop Course, 1 week, 1985
* Unit Maintenance Management Training Course, 1 week, 1986
* Advanced Land Navigation Course, 2 weeks, 1986
* Advanced Noncommissioned Officer Course, 4 weeks, 1982
* Egyptian Arabic Language Course, 26 weeks, 1993
* French Language Course, 13 weeks, 1994
* SF Operations and Intelligence Course, 10 weeks, 1996
* Instructor Training Course, 2 weeks, 1990
* Combat Engineer Course, 12 weeks, 1980
* Drill Sergeant Course, 9 weeks, 1987
* Basic Emergency Medical Training Course, 12 weeks, 1991
* Basic Noncommissioned Officer Course, 4 weeks, 1982

5.  The applicant provided the following military education/training courses and/or item 17 (Civilian Education and Military Schools) of his DA Form 2-1 shows:

* DA Form 1059, SF Engineer Sergeant Course, 12 March 1992 -             28 August 1992 (24 weeks);
* Air Assault School Certificate of Training, 20 August 1980 (1 week)
* Target Analysis Certificate of Training, 4 August - 15 August 1997 
(2 weeks)
* 30-Day Combat Fighting Course, 4 March - 31 March 1996 (4 weeks)
* Sapper Leader Course Certificate of Training, 19 April - 16 May 1988 
(4 weeks)
* Airborne Course Diploma, 7 July 1989 (3 weeks)
* SF Assessment and Selection Course, 9 January - 30 January 1991
(3 weeks)

6.  He also provided a training certificate for the Air Movement Operations Course, dated 19 November 1993, but this course is not listed on his DA Form 
2-1.

7.  Army Regulation 600-8-22 (Military Awards) states the Sapper Tab was established on 28 June 2004.  The basic eligibility criteria are successful completion of all graduation requirements and a graduation certificate from a Sapper Leader Course conducted by the U.S. Army Engineer School.  The Sapper Tab may be awarded retroactively to any person who successfully completed all graduation requirements and received a graduation certificate from the Sapper Leaders Course on or after 14 June 1985.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form.  It states to list in:

   a.  Item 13, awards and decorations for all periods of service in the priority sequence; and
   
   b.  Item 14, all formal in-service (full-time attendance) training courses of 
40 hours or more successfully completed during the period of service covered by the DD Form 214.  Include title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  
   
9.  The DD Form 2586 (Verification of Military Experience and Training) (VMET)) lists military job experience and training history, recommended college credit information, and civilian equivalent job titles.  The VMET was established by Public Law 101-510, Section 1143(a), 5 November 1990, National Defense Authorization Act for Fiscal Year 1991 to assist departing service members transitioning to civilian life by providing a verification of their military skills and training and translating them into civilian terms.  All military (Army, Navy, Marine Corps, and Air Force) members on active duty on or after 1 October 1990 are eligible to receive this form.  The VMET web site, www.dmdc.osd.mil/vmet, enables all DO-D military members with active, reserve or national guard service on or after 1 October 1990 to receive the document, and for members to request and receive the document at their convenience.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show award of the following:

* Sapper Tab
* Sapper Leader Course, 4 weeks, 1988
* Air Assault School, 1 week, 1980
* Airborne Course, 3 weeks, 1989 
* SF Assessment and Selection Course, 4 weeks, 1991
* SF Engineer Sergeant Course, 23 weeks, 1992
* Air Movement Operation Course, 2 weeks, 1993
* 30-Day Combat Fighting Course, 4 weeks, 1996
* Target Analysis Course, 2 weeks, 1997

2.  His records confirm he completed the Sapper Leader Course on 16 May 1988.  Therefore, it would be appropriate to correct his records to show the Sapper Tab.



3.  Regulatory guidance specifically states that combat skills training will not be listed on the DD Form 214; however, in cases where the training is not exclusively combat related, meaning the training has some application in the strictly-civilian workforce, it may be appropriate to list those courses in item 14 of the DD Form 214.  His records show he completed the Air Assault School and Airborne Course which are not shown on his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 to show these training courses.

4.  The Sapper Leader Course, SF Assessment and Selection Course, SF Engineer Sergeant Course, Air Movement Operation Course, 30-Day Combat Fighting Course, and Target Analysis Course are combat skills courses which are not authorized to be listed on the DD Form 214.  The applicant should request a DD Form 2586 at the VMET website:  www.dmdc.osd.mil/vmet, as proof of his successful completion of these training courses.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

   a.  awarding him the Sapper Badge and adding this badge to item 13 of his DD Form 214; and
   
   b.  adding the following training to item 14 of the individual’s DD Form 214:

* Air Assault School, 1 week, 1980
* Airborne Course, 3 weeks, 1989

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 following training to his
DD Form 214:
* Sapper Leader Course
* SF Engineer Sergeant Course
* SF Assessment and Selection Course
* Air Movement Operation Course
* 30-Day Combat Fighting Course
* Target Analysis Course



_______ _   _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)                                         AR20110024957





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110024957



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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