IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120008141
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed the Airborne Course and the Jungle Operations Training Course.
2. He states these courses are not listed on his DD Form 214.
3. He provides a diploma for completion of the Airborne Course and certificate for completion of the Jungle Operations Training Course.
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. The applicant enlisted in the Virginia Army National Guard (VAARNG) on
26 August 1986.
3. On 16 September 1986, he was ordered to active duty for training (ADT). He completed training and he was awarded military occupational specialty 11C (indirect fire infantryman). He was subsequently released from ADT on
19 December 1986 and he was transferred back to his VAARNG unit. The
DD Form 214 he was issued at the time does not indicate he completed any military education during the period covered by the report.
4. He provided a diploma from the U.S. Army Infantry School that indicates he completed the Airborne Course on 29 May 1987.
5. He also provided a certificate from the Jungle Operations Training Center that shows he completed the Jungle Operations Training Course on 2 July 1988.
6. He was discharged from the VAARNG on 30 April 1990. His NGB Form 22 shows he completed the Jungle Operations Training Course in 1988.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The version of this regulation in effect at the time, directed that item 14 (Military Education) would list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by the DD Form 214 by title, length in weeks, and month and year completed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed ADT during the period 16 September to 19 December 1986 and was issued a DD Form 214 that covers this period of service.
2. Evidence shows the applicant completed the Airborne Course on 29 May 1987 and the Jungle Operations Training Course on 2 July 1988.
3. Based on the governing regulation, it states to list qualifying courses completed during the period covered by the DD Form 214. Since he completed the referenced courses subsequent to his period of active duty, they are not authorized to be recorded on his DD Form 214 for the period ending
19 December 1986.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20120008141
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ABCMR Record of Proceedings (cont) AR20120008141
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