IN THE CASE OF:
BOARD DATE: 20 September 2012
DOCKET NUMBER: AR20120006108
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 seven courses be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 20 July 1995.
2. The applicant states he has attempted several times to have his DD Form 214 corrected to show the schools he attended while in the Special Forces.
3. The applicant provides:
* his DD Form 214
* his Honorable Discharge Certificate
* six certificates of completion for courses dated from 26 May 1992 to
23 March 1994
* one certificate of completion dated 30 August 2001
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. He enlisted in the Alabama Army National Guard on 11 December 1991. He had 2 years, 8 months, and 2 days of prior Reserve Component service and
3 years, 10 months, and 2 days of prior active service.
3. On 10 February 1995, he was ordered to active duty in support of Operation Uphold/Maintain Democracy. He served in Haiti from 4 March to 16 June 1995.
4. On 20 July 1995, he was released from active duty and returned to his unit. Item 14 (Military Education) of his DD Form 214 does not show he completed any military courses during this period of active duty.
5. The certificates of completion he submitted show the following dates of attendance/completion:
* 6 May - 26 May 1992
* 3 November 1992 - 7 May 1993
* 7 May 1993
* 18 May - 21 September 1993
* 5 January - 11 February 1994
* 19 - 23 March 1994
* 16-30 August 2001
6. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. The regulation provided that formal in-service (full-time attendance) training courses successfully completed during the period of service covered will be entered in item 14. This regulation further stated that the information entered in item 14 is to assist the member after separation in job placement and counseling; therefore training courses for combat skills will not be listed.
DISCUSSION AND CONCLUSIONS:
1. Only those courses completed during the period covered by the DD Form 214 are to be entered in item 14.
2. Six of the courses were completed prior to his period of active duty and one course was completed over six years after his period of active duty. Therefore, it is not appropriate to enter these courses on his DD Form 214 with a separation date of 20 July 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) AR20120006108
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120006108
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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