IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022519
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 Item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the:
* Force XXI Battle Command for Brigade and Below-Blue Force Tracker (FBCB2-BFT) Leader OPNET Course
* Sabalauski Air Assault School Pre Ranger Course
* Mine Resistant Ambush Protected (MRAP) Operator New Equipment Training Course
2. The applicant states Item 14 of his DD Form 214 does not list of all of his completed education. This correction will help greatly in his future career field.
3. The applicant provides copies of completion certificates for the:
* FBCB2-BFT Leader OPNET Course
* Sabalauski Air Assault School Pre Ranger Course
* Mine Resistant Ambush Protected (MRAP) Operator New Equipment 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 Regular Army on 25 January 2005 in pay grade E-2. He completed training and he was awarded military occupational specialty 11B (Infantryman).
3. He provided completion certificates for the:
* 32-hour BCB2-BFT Leader OPNET Course, undated
* Sabalauski Air Assault School Pre-Ranger Course, dated 5 March 2007
* 40-hour MRAP Operator New Equipment Training Course, dated 9 November 2007
4. On 16 May 2009, he was honorably released from active duty by reason of completion of required active service in pay grade E-5. He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining service obligation. Item 14 of his DD Form 214 only shows he completed 1-week Combat Life Savers Course in 2007.
5. Army Regulation 635-5 (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 establishes standardized policy for preparing and distributing the DD Form 214. It states for item 14, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. Include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. When in doubt, refer to the course description in DA Pamphlet 351-4 to determine its usefulness to the Soldier after transitioning from the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant provided certificates showing he completed the FBCB2-BFT Leader OPNET Course, the Sabalauski Air Assault School Pre-Ranger Course, and the MRAP Operator New Equipment Training Course during the period covered by the DD Form 214 he was issued at the completion of required active service. However, by regulation, it precludes the listing of training courses for combat skills. The courses the applicant completed are specifically related to military operations, missions, and equipment. As such, it would not be appropriate to list these training courses on his DD Form 214. Therefore, 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) AR20120022519
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120022519
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