BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130005811
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he completed basic training and advanced individual training (AIT).
2. The applicant states:
* he was discharged for failing to meet medical procurement standards
* at the time of his discharge, he did not notice that his DD Form 214 did not show he completed basic training or AIT
* he is now attempting to join the Florida Army National Guard
* he has overcome his previous medical deficiency and he would like to serve his country once again; however, his recruiter pointed out that he would need to get this error resolved
* he completed this training and he would like to receive credit for it
3. He provides copies of his:
* DD Form 214
* Certificate of Training from the U.S. Army Infantry Center, Fort Benning, GA, dated 10 November 1999, showing his completion of basic training
* graduation diploma from the U.S. Army Signal Center and Fort Gordon, Fort Gordon, GA, dated 27 March 2000, showing his completion of the Signal Support Systems Specialist Course
* Certificate of Signal Regimental Affiliation, issued by the U.S. Army Signal Regiment, Fort Gordon, GA, dated 27 March 2000
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. On 1 September 1999, the applicant enlisted in the Regular Army.
3. On 7 April 2000, he was discharged from the Army, by reason of his failure to meet procurement medical fitness standards. Item 14 (Military Education) of the DD Form 214 he was issued contains the entry "None//Nothing Follows."
4. His record is void of the specific details surrounding his discharge. Additionally, his record is void of any documents that show he completed basic training or AIT.
5. He provides completion certificates that show he completed basic training and AIT.
6. Army Regulation 635-5 (Personnel Separations - 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 the preparation of the DD Form 214. The instructions for Item 14 state, in pertinent part, that from the ERB, list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show he completed basic training and AIT because he provides certificates that show he completed these courses.
2. The evidence of record shows he entered active duty on 1 September 1999 and he was discharged on 7 April 2000. The evidence of record does not show he completed basic training or AIT; however, he submitted additional evidence that appears to show he completed these courses considering that the completion certificate is dated more than a week before his discharge, it is accepted that he completed AIT. Accordingly, his DD Form 214 should be corrected to show he completed AIT.
3. The governing Army Regulation stipulates that training courses for combat skills are not listed on the DD Form 214; therefore, the applicant is not entitled to correction of Item 11 of his DD Form 214 to show he completed basic training.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__x___ ___x_____ ___x_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending item 14 of his DD Form 214 to add the entry "Signal Support Systems Specialist Course, 15 weeks, 2000."
2. The Board further determined 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 correcting his DD Form 214 to show he completed basic training.
________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) AR20100011050
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ABCMR Record of Proceedings (cont) AR20130005811
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