IN THE CASE OF:
BOARD DATE: 20 December 2012
DOCKET NUMBER: AR20120011261
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) as follows:
* Item 14 (Military Education) to show completion of the Hazardous Material (HAZMAT) course
* Item 19a (Mailing Address After Separation) the address as xxxx 70th Avenue, SW, Turner, OR 97392
* Item 19b (Nearest Relative) to show another individual
2. He states he attended and completed the HAZMAT course a few months prior to his expiration of term of service (ETS) date. Items 19a and 19b are no longer correct due to a change in personal status. He has not examined his DD Form 214 in years. He did not realize the HAZMAT course had been omitted until recently. His ex-wife destroyed/disposed of most of his military documents, so he doesnt have a copy of the HAZMAT certificate or his Army Achievement Medal certificate.
3. He provides no additional evidence.
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 Regular Army on 12 April 1991. He completed training and he was awarded military occupational specialty 63T (Bradley Fighting Vehicle System Mechanic (BFVS)).
3. There is no evidence in his records showing he completed the HAZMAT course.
4. He was honorably released from active duty in pay grade E-4 on 3 November 1997 having completed his required active service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. His DD Form 214 lists in:
* Item 14 the:
* BFVS Mechanic, 13 weeks, September 1991
* BFVS Mechanic SDI, 3 weeks, September 1991
* Headstart German, 1 week, November 1991
* Item 19a - xxxx Nicole Court SE, Selem, OR 97306
* Item 19b - Kxxxxx L. Dxxxxx, xxxx Nicole Court SE, Selem, OR 97306
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214 and stated a DD Form 214 would be prepared for all personnel at the time of retirement, discharge, or release from active duty. The regulation stated:
* Item 14 would list in-service training courses; title, number of weeks, and year successfully completed during the period covered by the DD Form 214; this information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed
* Item 19a would list the mailing address provided by the Soldier at separation
* Item 19b would list the nearest relative provided by the Soldier at separation
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not show the applicant successfully completed the HAZMAT course during his period of service. Therefore, he is not entitled to correction to his DD Form 214 to show this course.
2. He contends that the mailing address and nearest relative shown in Items 19a and 19b of his 1995 DD Form 214 are incorrect due to a change in his personal status. However, the DD Form 214 is meant to capture data true at the time of separation. There is no evidence to show that an error was made in the identification of his mailing address and nearest relative information in 1995 at the time of separation. Therefore, he is not entitled to correction of Items 19a and 19a of this 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) AR20120011261
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