BOARD DATE: 6 November 2012
DOCKET NUMBER: AR20120007544
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 military service record to show he completed the Army Pre-Commission Correspondence Course.
2. The applicant states he recently requested a copy of his military service record. A Certificate of Completion for the Army Pre-Commission Correspondence Course was not in his record; however, his other correspondence course completion notices were in his record.
3. The applicant provides a copy an Army Pre-Commission Correspondence Course completion notice.
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 U.S. Army Reserve (USAR) on 29 September 1975. He was discharged from the USAR on 10 November 1975 and he enlisted in the Regular Army on 11 November 1975 for a period of 3 years.
3. A review of the applicant's available military personnel record failed to reveal evidence that he completed the Army Pre-Commission Correspondence Course.
4. The applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 9 November 1978 shows he entered active duty on 11 November 1975. He was honorably released from active duty on 9 November 1978 in the rank/grade of sergeant (SGT)/E-5 under the provisions of Army Regulation
635-200 (Personnel Separations - Enlisted Separations), paragraph 5-12, based on completion of required active service. He was transferred to the USAR Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 29 days of total active service.
5. In support of his request, the applicant provides an Army Correspondence Course Program 071, Training Support Center, Newport News, VA Certificate of Correspondence Course Completion, dated 3 June 1978, that shows he completed the Army Pre-Commission Correspondence Course (Course N01).
6. Army Regulation 600-8-104 (Military Personnel Information Management/
Records), in effect at the time, provides policies, operating tasks, and steps governing the Official Military Personnel File (OMPF), now known as the Army Military Human Resource Record (AMHRR). It states:
a. Only those documents listed in Table 2-1 and Table 2-2 are authorized for filing in the AMHRR. Depending on the purpose, documents will be filed in the AMHRR in one of three sections: performance, service, or restricted.
b. Table 2-1 shows nonresident course completion certificates are filed in the performance section of the AMHRR.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant completed the Army Pre-Commission Correspondence Course on 3 June 1978. However, the certificate of completion is not filed in his military service record.
2. In view of the foregoing, the applicant's record should be corrected as recommended below.
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 filing the applicant's Army Pre-Commission Course, Certificate of Correspondence Course Completion, dated 3 June 1978, in his Army Military Human Resource Record.
___________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) AR20120007544
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