Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130002641
Original file (20130002641.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	    17 September 2013

		DOCKET NUMBER:  AR20130002641


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).

2.  The applicant states the Airborne and Special Forces (Airborne) Courses were omitted from item 14 of his DD Form 214.

3.  The applicant provides:

* Airborne Course Diploma
* Special Forces Aidman (Airborne) Course Diploma

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’s military records show he enlisted in the Regular Army on 12 September 1980.  He was trained in, awarded, and served in MOS 91B (Medical Specialist).

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 4 (Assignment Consideration) he was disqualified from Special Forces Training (permanent) for academic reasons 
* item 17 (Civilian Education and Military Schools) he completed the 3-week Basic Airborne Course in 1981 and he did not complete the 17-week Special Forces Qualification Course

4.  On 9 September 1983, the applicant was honorably released from active duty (REFRAD) by reason of expiration term of service after having completed 
2 years, 11 months, and 28 days of creditable active service.  Item 14 of the
DD Form 214 issued to him at that time only contains an entry which shows he completed the 6-week Medical Specialist Course in January 1981.

5.  The applicant provides the following evidence which shows:

* U.S. Army Academy of Health Sciences, Diploma, dated 16 August 1982, which announced his successful completion of the Special Forces Aidman (Airborne) Course
* U.S. Army Infantry School Diploma, dated 12 February 1981, which announced his successful completion of the Airborne Course

6.  Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Paragraph 2-4h(14) states that formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed in Item 14, in weeks.  This information is to assist the Soldier in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends items 14 of his DD Form 214 should be corrected to show additional training courses that were omitted from this document.  There is sufficient evidence to support granting a portion of the requested relief.

2.  The applicant's DA Form 2-1 and the diploma he provides confirms his completion of the Basic Airborne Course during his tenure on active duty.  This course should be added to item 14 of his DD Form 214.

3.  While the applicant provides a diploma which shows he completed the Special Forces Aidman (Airborne) Course, his DA Form 2-1 confirms he was disqualified from the Special Forces Qualification Course permanently due to academic reasons.  Therefore, given the applicant did not complete the overall course in its entirety, his successful completion of a phase of this training is not authorized for entry on the DD Form 214.  Accordingly, there is no basis to add this course to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  amending item 14 of his DD Form 214 by adding the entry "Basic Airborne Course, 3 weeks, 1981"; and
   
   b.  issuing him a document to reflect the above correction.
   
2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the Special Forces Aidman (Airborne) Course to his DD Form 214.


      ___________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)                                         AR20130002641



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002641



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120011208

    Original file (20120011208.txt) Auto-classification: Approved

    The applicant requests: a. issuance of the below awards and correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add to item 24 (Decorations, Medals, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) the * Cold War Medal, properly referred to as the Cold War Recognition Certificate * Enlisted Promotion Badge * Honorable Service Lapel Pin Badge, properly referred to as the Army Lapel Button * Professional Medical Badge properly...

  • ARMY | BCMR | CY2013 | 20130001467

    Original file (20130001467.txt) Auto-classification: Approved

    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. His DD Form 214 shows in: a. item 13, the: * Meritorious Service Medal * Army Good Conduct Medal (2nd Award) * Senior Parachutist Badge * Army Commendation Medal (2nd...

  • ARMY | BCMR | CY2005 | 20050003015C070206

    Original file (20050003015C070206.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Achievement Medal (First Oak Leaf Cluster), the Multinational Force and Observers (MFO) Medal, the Noncommissioned Officer (NCO) Professional Development Ribbon and the Air Assault Badge. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board...

  • ARMY | BCMR | CY2011 | 20110024957

    Original file (20110024957.txt) Auto-classification: Approved

    Therefore, it would be appropriate to correct his DD Form 214 to show these training courses. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Sapper Badge and adding this badge to item 13 of his DD Form 214; and b. adding the following training to item 14 of the individual’s DD Form 214: * Air Assault School, 1 week, 1980 * Airborne Course, 3 weeks, 1989 2. As a result, the Board recommends denial of...

  • ARMY | BCMR | CY2011 | 20110001776

    Original file (20110001776.txt) Auto-classification: Approved

    The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add the Expert Infantryman Badge (EIB), Special Forces Tab, Expert Field Medical Badge, and Senior Parachutist Badge and his military education. While the applicant completed the Special Forces clinical aidman course on 4 September 1953, there is no evidence he was Special Forces qualified. ___________X___________ CHAIRPERSON I certify that herein is recorded the true...

  • ARMY | BCMR | CY2003 | 2003088732C070403

    Original file (2003088732C070403.rtf) Auto-classification: Approved

    The applicant provides a letter of explanation; a DD Form 214 for the period ending 28 February 2003; a DD Form 214 for the period ending 5 December 1999; three DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal); five DA Forms 638 (Recommendation for Award); DA Form 2-1 (Personnel Qualification Record); DA Form 2A (Personnel Qualification Record, Part I); DA Form 1059 (Service School Academic Evaluation Report), dated 8...

  • ARMY | BCMR | CY2009 | 20090008091

    Original file (20090008091.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge (CAB) and two awards of the Army Achievement Medal (AAM). Therefore, his DD Form 214 should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. adding to item 13 of his DD Form 214 the Army Achievement Medal with 1st oak leaf...

  • ARMY | BCMR | CY2011 | 20110009953

    Original file (20110009953.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military occupational specialties (MOS) and training. The applicant provides copies of his: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * Diploma, Individual Infantry Training, dated 10 June 1983 * Diploma, Airborne Course, dated 14 July 1983 * Hazardous duty orders, dated 18 July 1983 * Diploma, Special Forces Qualification Course, dated 18...

  • ARMY | BCMR | CY2014 | 20140019729

    Original file (20140019729.txt) Auto-classification: Approved

    c. Item 14 (Military Education), add the following courses: * Noncommissioned Officer's (NCO) Candidate Course * Airborne Course * Ranger Course * Republic of Vietnam (RVN) POR training course 2. This conclusion is based on the following: * after completing AIT, his DA Form 20 shows him as an NCO candidate, after which he is listed as participating in Airborne and Ranger training * there is an entry showing the successful completion of the Infantry Leadership Course * there is no entry...

  • ARMY | BCMR | CY2012 | 20120000356

    Original file (20120000356.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show military education, all his awards and badges, and to show his deployment dates. The DD Form 214 he was issued at the time shows in: * Block 12f (Foreign Service) the entry "0000 00 00," indicating no foreign service * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the: * National Defense Service Medal * Global War on Terrorism...