IN THE CASE OF:
BOARD DATE: 7 August 2012
DOCKET NUMBER: AR20120000737
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), dated 25 July 1993, to show he completed his basic combat training (BCT) course.
2. The applicant states:
* his DD Form 214 does not show he completed his BCT course nor does it show he was in an active duty status
* he completed his BCT under the split training option
* he was in the Mississippi Army National Guard (MSARNG) and he trained from July 1987 through September 1987
* he does not know why the information was not placed on his DD Form 214 under military education
* his DD Form 214 shows he had 4 months and 8 days of total prior active service
3. The applicant provides copies of his DD Form 214, dated 26 July 1989, and the first page of his Department of Veterans Affairs (VA) Rating Decision, dated 21 June 2007.
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 available records show that the applicant was a member of the MSARNG when he was ordered to active duty on 3 June 1988. He completed training as a food service specialist.
3. He was released from active duty on 10 August 1988, upon completion of his active duty training. Item 14. (Military Education) on the DD Form 214 he received shows he completed 8 weeks of training as a food service specialist.
4. The applicant enlisted in the Regular Army on 26 July 1989, in a food service specialist military occupational specialty.
5. After completing 4 years of net active service this period, the applicant was released from active duty on 25 July 1993. Item 14. on the DD Form 214 he received shows he completed an 8-week food service course in August 1988.
6. The applicant submit the first page of his VA Rating Decision dated 21 June 2007, which shows that he was awarded service-connected disability ratings for depressive disorder and erectile dysfunction. The VA Rating Decision shows he is entitled to special monthly compensation based on loss of use of a creative organ.
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. Paragraph 2-4 (Completing the DD Form 214) provides detailed instructions and source document(s) for completing each block of the DD Form 214.
a. It states the DD Form 214 is a synopsis of the Soldiers 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.
b. It states that for item 14, list formal in-service (full-time attendance) training courses 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. There are no provisions for including an individual's BCT on his/her DD Form 214. In accordance with the applicable regulation only formal, in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 should be included therein. This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills are not listed.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20120000737
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ABCMR Record of Proceedings (cont) AR20120000737
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