IN THE CASE OF:	  

		BOARD DATE:  27 June 2013

		DOCKET NUMBER:  AR20130009885 


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 he attended the:

* Combat Casualty Course (U.S. Army Medical Department (AMEDD)) for 8 days vice 8 weeks
* Medical Management of Chemical Casualty for 12 days vice 12 weeks

2.  The applicant states the discrepancy was a result of a clerical error and his error in not reviewing his records.  This greatly affects his G.I. Bill benefits as the time he was in these courses does not count towards active service time.  He was in these classes for 3 weeks versus the 20 weeks shown on his DD Form 214.

3.  The applicant provides two certificates of training.

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 was appointed as a second lieutenant U.S. Army Reserve (USAR) officer in area of concentration 66H (Medical-Surgical Nurse) and he executed an oath of office on 13 August 2004.

3.  He was ordered to extended active duty in the rank of first lieutenant on 12 January 2005.  He was assigned to Womack Army Medical Center (WAMC), Fort Bragg, NC, with temporary duty at the AMEDD Center and School, Fort Sam Houston, TX.

4.  He successfully completed the AMEDD Officer Basic Course from 18 January to 1 April 2005 at the AMEDD Center and School, Fort Sam Houston.

5.  The applicant provides and his records contain a certificate that shows he successfully completed the Medical Management of Chemical and Biological Casualties Course from 16 to 21 October 2005 (6 days or 1 week) at the U.S. Army Medical Research Institute of Chemical Defense, and the U.S. Medical Research Institute of Infectious Diseases, Aberdeen Proving Ground, MD, and Fort Detrick, MD, respectively.

6.  The applicant provides and his records contain a certificate that shows he successfully completed the Combat Casualty Care Course from 1 to 9 December 2005 (9 days or 1 week) at the Defense Medical Readiness Training Institute, Fort Sam Houston.

7.  He was promoted to the rank of captain (CPT) in the Regular Army on 1 June 2006.

8.  On 1 August 2008, he was honorably discharged in the rank of CPT.  He completed 3 years, 6 months, and 20 days of creditable active service.

9.  Item 14 of the DD Form 214 he was issued at the time shows the following entries:

* Combat Casualty Course (AMEDD), 8 weeks, 2005
* Medical Management of Chemical Casualty, 12 weeks, 2005

10.  Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparation of the DD Form 214.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant's DD Form 214 lists the Combat Casualty Care Course as being 8 weeks in duration while it was 1-week long and the Medical Management of Chemical and Biological Casualties Course as being 12 weeks in duration while it was 1-week long.  Therefore, he is entitled to correction of his DD Form 214 accordingly. 

2.  With respect to listing the Combat Casualty Care Course and the Medical Management of Chemical and Biological Casualties Course as being 8 days and 12 days long, respectively, the governing regulation states all training courses will be listed on the DD Form 214 with the length of the course in weeks, not days.  Therefore, he is not entitled to full relief.

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:

* deleting from item 14 of his DD Form 214 the entry "Combat Casualty Course (AMEDD), 8 weeks, 2005" and replacing it with the entry "Combat Casualty Care Course (AMEDD), 1 week, 2005"
* 
deleting from item 14 of his DD Form 214 the entry "Medical Management of Chemical Casualties Course, 12 weeks, 2005" and replacing it with the entry "Medical Management of Chemical and Biological Casualties Course, 1 week, 2005"

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 listing the Combat Casualty Care Course as being 8 days long and the Medical Management of Chemical and Biological Casualties Course as being 12 days long.



      _______ _  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)                                         AR20130009885



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ABCMR Record of Proceedings (cont)                                         AR20130009885



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