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ARMY | BCMR | CY2012 | 20120001248
Original file (20120001248.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001248 


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 Airborne Course be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* he received a diploma for the Airborne Course but it is not reflected on his DD Form 214
* he would like to have this training shown in the military education section of his DD Form 214

3.  The applicant provides:

* Diploma for the Airborne Course
* DD Form 214
* DD Form 215 (Correction to DD Form 214)    

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 enlisted in the Regular Army on 12 October 1976.  He trained as a materiel storage and handling specialist, light wheel vehicle/power generation mechanic, and air defense artillery short range gunnery crewman.  On 16 July 1984, he was honorably discharged for expiration term of service.  

3.  Item 14 (Military Education) of his DD Form 214 does not show the Airborne Course.

4.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) shows he completed the 3-week Basic Airborne course in 1977. 

5.  He provided a diploma, dated 13 April 1977, which shows he completed the Airborne Course.

6.  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.  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:

Evidence shows he completed the 3-week Airborne Course in April 1977.  His DD Form 214 should be corrected to show this course.

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 adding the entry "Airborne Course, 3 weeks, April 1977" in item 14 of his DD Form 214.



      _______ _   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)                                         AR20120001248





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ABCMR Record of Proceedings (cont)                                         AR20120001248



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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