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ARMY | BCMR | CY2013 | 20130013754
Original file (20130013754.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  26 September 2013

		DOCKET NUMBER:  AR20130013754 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the correct dates of training for her military education courses.

2.  The applicant states the following course dates are in error on her DD Form 214:

* Air Assault
* Airborne
* Aviation Officer Basic
* Microsoft Access
* Rotary Wing Aviation 
* Utility Helicopter (UH)–60 Qualification

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty)
* U.S. Army Aviation Center (USAAC), Army Aviation Branch Qualification Course Diploma




* USAAC, Air Assault School Diploma
* USAAC, UH-60 Aviator Qualification Course Diploma
* U.S. Army Infantry School, Airborne Course Diploma
* DA Form 1059 (Service School Academic Evaluation Report)
* Microsoft Access 2000 Certificate of Training
* Microsoft Access 2000 Advanced Certificate of Training
* State of North Carolina, County of Cumberland, Divorce Decree
* State of North Carolina, Cumberland County, Marriage Certificate

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 27 May 1995, the applicant entered active duty as a second lieutenant (2LT) in the Aviation Branch.

3.  On 30 September 2007, she was honorably discharged as a major (MAJ) after completing 12 years, 4 months, and 4 days of active duty service.

4.  Item 14 (Military Education) of her DD Form 214 lists the following:

* Air Assault, 2 weeks, 1900
* Airborne, 3 weeks, 1900
* Aviation Officer Basic, 8 weeks, 1900
* Rotary Wing Aviation, 40 weeks, 1900
* UH-60 Aviation Qualification, 4 weeks, 1900 
* Microsoft Access, 1 week, 2000

5.  The applicant provides the following training course documents that show the year of completion:  

* U.S. Army Infantry School Airborne Course Diploma, dated 27 August 1993
* USAAC Air Assault School Diploma, dated 22 September 1995
* USAAC Army Aviation Branch Qualification Course Diploma, dated 
2 October 1996
* DA Form 1059, Aviation Officer Basic Course, dated 7 October 1996
* USAAC UH-60 Aviator Qualification Course Certificate, dated 
15 November 1996
* Microsoft Access 2000, Certificate of Training, dated 14 February 2003

6.  Army Regulation 635-5 (Separation Documents), in effect at that time, established the policies and procedures for completion and distribution of the 
DD Form 214.  In pertinent part it states that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed.

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 635-5 states in item 14 of the DD Form 214 list in-service training course, title, number of weeks, year successfully completed during this period of service.  However, the applicant's DD Form 214 erroneously shows the year she completed the below listed courses:

* Air Assault, 2 weeks, 1900
* Airborne, 3 weeks, 1900
* Aviation Officer Basic, 8 weeks, 1900
* Rotary Wing Aviation, 40 weeks, 1900
* UH-60 Aviation Qualification, 4 weeks, 1900 
* Microsoft Access, 1 week, 2000

2.  The applicant provided diplomas and certificates that show the correct year she completed her training courses:

* U.S. Army Infantry School Airborne Course Diploma, 1993
* USAAC Air Assault School Diploma, 1995
* USAAC Army Aviation Branch Qualification Course Diploma, 1996
* DA Form 1059, Aviation Officer Basic Course, 1996
* USAAC UH-60 Aviator Qualification Course Certificate, 1996
* Microsoft Access 2000, Certificate of Training, 2003

Therefore, her DD Form 214 should be amended to show she completed the above courses on the dates indicated.


BOARD VOTE:

___x____  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  deleting from her DD Form 214 in item 14 the entries 

* Air Assault, 2 weeks, 1900
* Airborne, 3 weeks, 1900
* Aviation Officer Basic, 8 weeks, 1900
* Rotary Wing Aviation, 40 weeks, 1900
* UH-60 Aviation Qualification, 4 weeks, 1900 
* Microsoft Access, 1 week, 2000

b.  amending item 14 of her DD Form 214 by adding

* Airborne, 3 weeks, 1993
* Air Assault, 2 weeks, 1995
* UH-60 Aviation Qualification, 4 weeks, 1996
* Aviation Officer Basic, 8 weeks, 1996
* Rotary Wing Aviation, 40 weeks, 1996
* Microsoft Access 2000, 1 week, 2003



      _______ _   _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)                                         AR20130013754





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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20130013754



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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