IN THE CASE OF:	  

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120006250 


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 31 December 2005 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the Stryker Precision Marksmanship (Infantry Sniper) Course.

2.  The applicant states the two-week Stryker Precision Marksmanship (Infantry Sniper) Course was the first course of its type given on a brigade level at Fort Lewis, Washington at the end of 2005.  At the time, he was assigned to B Troop, 2nd Squadron, 14th Cavalry, Fort Lewis, Washington.

   a.  He completed the course in mid-December 2005, but the course certificates were not ready.

   b.  The troop commander provided him a memorandum for record (MFR) verifying his completion of the course.
   
   c.  He out-processed and departed the installation on transition leave five days later without the course being entered in his records. 

   d.  He adds that omission of the course from his DD Form 214 denies him the opportunity of attaining his full potential in his current employment.

3.  The applicant provides a copy of the cover of the "Sniper Data Book" for the course, the commander's MFR, and an Internet link to the course instructor's website.

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 had prior honorable active duty enlisted service in the Regular Army (RA) from 6 January 1995 through 16 November 2000.

3.  He also had enlisted service in the Army National Guard of the United States and California Army National Guard from 22 October 2001 through 1 March 2002.

4.  He enlisted in the RA for a period of 3 years on 5 August 2002.  Upon completion of training he was awarded military occupational specialty (MOS) 19D (Cavalry Scout).

5.  A review of the applicant's military personnel records failed to reveal evidence that he completed the Stryker Precision Marksmanship Course.

6.  A review of a DA Form 2166-8 (NCO Evaluation Report (NCOER)) for the period August through December 2005 shows the applicant was assigned to
C Troop, 2nd Squadron, 14th Cavalry, Fort Lewis, Washington, and serving as a section sergeant in duty MOS 19D3OR4.

   a. The NCOER fails to show any evidence that he completed the Stryker Precision Marksmanship Course during the period of the report.

   b.  The NCOER was completed by the rating officials on 27 April 2006.

   c.  The reviewer for the NCOER was Captain Scott R. W____, Troop Commander, C Troop, 2nd Squadron, 14th Cavalry, Fort Lewis, Washington.


7.  A DD Form 214 shows the applicant entered active duty on 5 August 2002 and he was honorably discharged on 31 December 2005 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), chapter 4, based on completion of required active service.  He completed
3 years, 4 months, and 26 days of net active service this period.

   a.  It also shows he served in support of Operation Enduring/Iraqi Freedom from 26 April 2003 to 10 July 2004 and from 26 January to 1 October 2005 in Kuwait and Iraq.

	b.  Item 14 (Military Education) does not list the Stryker Precision Marksmanship Course.

8.  In support of his request, the applicant provides the following documents:

   a.  A copy of the cover of a Stryker Precision Marksmanship Infantry Sniper booklet with handwritten notes, including the applicant's rank and last name.

   b.  Bravo Troop, 2nd Squadron, 14th Cavalry Regiment, Fort Lewis, Washington, memorandum, dated 21 December 2005, subject:  Stryker Precision Marksmanship Course, that shows Captain James A. H___ documented that the applicant was assigned to Bravo Troop, he completed the two week Stryker Precision Marksmanship Course, and the course curriculum was consistent with Field Manual Headquarters Number 23-10 (Sniper Training).  It also shows Major (Retired) Gene Econ as the point of contract.

   c.  Internet link http://www.boomershoot.org/general/genebio.html that shows Major (Retired) Gene Econ is a 20-year U.S. Army veteran.  Throughout his career, he focused his training abilities and attention on small unit tactics and firearms expertise that culminated by being allowed to stand up and command a Sniper Committee at the 1st Special Forces for several years prior to his retirement in 1997.  Following his Army career, he started his own business in Washington State focused on small arms training for Fort Lewis units and has successfully completed numerous Advanced Rifle Marksmanship, Sniper, and Reconnaissance related courses as well as courses that train leadership how to train military marksmen.

9.  Army Regulation 635-5 (Personnel Separations - 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 also establishes standardized policy for preparing and distributing the DD Form 214.

   a.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Enlisted/Officer Record Brief (ORB/ERB), separation approval authority documentation, separation orders, or any other document authorized for filing in the military personnel record.

   b.  It shows for item 14 (Military Education), from the ERB/ORB, list formal
in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  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 contends his DD Form 214 should be corrected to show he completed the two-week Stryker Precision Marksmanship Course in December 2005.

2.  The sincerity of the applicant's contentions regarding his military training is not in question.

   a.  The MFR the applicant provides shows that CPT H____, Bravo Troop Commander, documented that the applicant was assigned to Bravo Troop and that he completed the two week Stryker Precision Marksmanship Course.
   
   b.  The applicant's NCOER for the period under review shows he was assigned to Charlie Troop and that CPT W____ was the Troop Commander.
   
   c.  Thus, the documentary evidence the applicant provides is at odds with information in his official military service records.

3.  A review of the applicant's military personnel records, including his NCOER for the period of service under review, failed to reveal any evidence that he completed the Stryker Precision Marksmanship Course.

4.  Therefore, in view of all of the foregoing, there is insufficient evidence to support correction of the applicant's 31 December 2005 DD Form 214.


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)                                         AR20120006250



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ABCMR Record of Proceedings (cont)                                         AR20120006250



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