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ARMY | BCMR | CY2012 | 20120009198
Original file (20120009198.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  15 November 2012

		DOCKET NUMBER:  AR20120009198 


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 his combat skills training be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he received training in combat skills during basic training.  Including this information on his DD Form 214 will help him get a security job.

3.  The applicant provides no documents to substantiate his request.

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 served on active duty in the Regular Army from 11 September 1985 to 10 September 1987, including 1 year and 8 months as a cargo handler in military occupational specialty (MOS) 88H1O.  He was honorably released from active duty in pay grade E-4.

3.  Item 14 ((Military Education) on his DD Form 214 shows, "Cargo Specialist Course, 6 weeks (85)//Nothing Follows."

4.  Army Regulation 635-5 (Separation Documents) sets forth the policy and procedures for completing the DD Form 214.  The instructions for Item 14 (Military Education) include,"… do not list training courses for combat skills…" 

DISCUSSION AND CONCLUSIONS:

According to the governing directive combat skills training is not to be listed on the DD Form 214.  The applicant's request should be denied.

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)                                         AR20120009198





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20120009198



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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