IN THE CASE OF:
BOARD DATE: 19 August 2014
DOCKET NUMBER: AR20130022270
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of Hazardous Materiel Training.
2. The applicant states:
* the class was taken in January and his record may not have been updated prior to his release from active duty
* he needs the credit hours to complete his college degree
3. The applicant provides:
* Certificate of Training
* DA Form 3355 (Promotion Point Worksheet), page 2
* DD Form 214
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 enlisted in the Regular Army on 16 June 1988. He completed training and was awarded military occupational specialty 13B (Cannon Crewmember).
3. A Certificate of Training provided by the applicant shows he successfully completed 45 hours of Hazardous Materiel Training during the period 3 through 10 January 1995.
4. On 2 March 1995, the applicant was honorably released from active. His DD Form 214 shows he completed 6 years, 8 months, and 16 days of creditable active military service.
5. Item 14 (Military Education) of his DD Form 214 shows completion of the Primary Leadership Development Course, 4 weeks, 1992.
6. The applicant provided a copy of page 2 of his DA Form 3355. This document does not show he received credit for completion of the Hazardous Materiel Training Course in 1995.
7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. It stated to list formal in-service training courses successfully completed during the period of service covered in item 14. This information was to assist the Soldier in job placement and counseling. It stated to list title, length in weeks, and year completed. Training courses for combat skills would not be listed.
DISCUSSION AND CONCLUSIONS:
The applicant provided a Certificate of Training showing he successfully completed the 45-hour Hazardous Materiel Training Course. Therefore, he is entitled to correction of his DD Form 214 to show this training.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding to item 14 of his DD Form 214, the entry "Hazardous Materiel Training, 1 week, 1995."
_____________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) AR20130022270
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130022270
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