IN THE CASE OF:
BOARD DATE: 25 September 2012
DOCKET NUMBER: AR20120003383
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 item 14 (Military Education) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed Phase I and Phase II of the military occupational specialty (MOS) 91C (Practical Nurse) Course.
2. He states he tried to correct his records online but never received a response.
3. The applicant provides:
* a DD Form 214 for the period ending 2 June 1995
* two DA Forms 1059 (Service School Academic Evaluation Report)
* Phase I and II test scores
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 record is not available to the Board for review; however, the documents he provided are sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he was released from active duty for training on
2 June 1995, and transferred to his U.S. Army Reserve (USAR) unit. This form also shows he completed the 7-week course for award of MOS 71G (Patient Administration Specialist).
4. The applicant provided two DA Forms 1059 which show he completed the nonresident courses for Phase I and Phase II MOS 91C (Practical Nurse) on
1 July 1997.
5. 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. Chapter 2 contains item-by-item preparation instructions for the DD Form 214. The instructions for Item 14 state, in part, that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the
DD Form 214 will be entered.
DISCUSSION AND CONCLUSIONS:
1. The governing Army regulation states that only formal in-service training courses which are completed during the period of the DD Form 214 will be added to item 14.
2. The available evidence shows Phase I and Phase II of MOS 91C were nonresident courses which were completed outside the period covered by the
DD Form 214.
3. As a result, he is not entitled to addition of these courses to the DD Form 214 for the period ending 2 June 1995.
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) AR20120003383
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120003383
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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