BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130003713
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 (Report of Separation from Active Duty) to show he completed training for:
* Tube-launched, Optically-tracked, Wire-guided (TOW) and Dragon anti-tank missiles
* demolitions
* sniper/counter-sniper
* hand-to-hand combat
2. He states he received a lot of specialized training and it's not shown on his DD Form 214. He believes the specified training should be added to his DD Form 214.
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 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. On 9 April 1974, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).
3. His records are void of documentation showing he received training for the TOW and Dragon anti-tank missile systems. His records are also void of documentation showing he received training in demolitions and hand-to-hand combat or training as a sniper/counter-sniper.
4. On 8 April 1977, he was honorably released from active duty. Item 27 (Remarks) of his DD Form 214 shows the entry "Training Completed Race Relations."
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's release from active duty stated that item 27 would include an entry listing formal, in-service training courses successfully completed during the period of service (e.g., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations). The purpose of the information was to assist in employment placement and job counseling, so training courses for combat skills would not be listed.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record does not support the applicant's request for correction of his DD Form 214 to show he completed training for TOW and Dragon anti-tank missiles, demolitions, sniper/counter-sniper, or hand-to-hand combat.
2. The training the applicant wishes to have added to his DD Form 214 is not documented in his record, though it is probable that an infantryman would have received such training. Nevertheless, the training was for combat skills. Training courses for combat skills were not to be listed on the DD Form 214.
3. In view of the foregoing, there is no basis for granting the 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 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) AR20130003713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130003713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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