IN THE CASE OF:
BOARD DATE: 13 March 2014
DOCKET NUMBER: AR20140002594
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 (Certificate of Release or Discharge from Active Duty) to show completion of the Sniper Course.
2. The applicant states he completed training as a sniper and this training is not reflected on his DD Form 214.
3. The applicant provides copies of his DD Form 214, Sniper Course Diploma, and orders awarding him the additional skill identifier of B4 (Sniper).
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 9 March 2004. He completed training as an infantryman at Fort Benning, Georgia, as well as sniper training on 23 September 2005.
3. He was assigned to Fort Drum, New York, when he deployed to Afghanistan during the period 31 January 2006-28 June 2007.
4. On 9 September 2007, he was honorably released from active duty. He completed 3 years, 6 months, and 1 day of active service. Item 14 (Military Education) of his DD Form 214 shows completion of the 1-week Combat Life Savers Course in 2005.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that training for combat skills will not be entered on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his completion of the sniper course should be entered on his DD Form 214 has been noted and found to lack merit.
2. The sniper course is considered a combat skill that is only offered to members possessing a combat arms specialty and thus is not authorized for entry on the DD Form 214. (It should be noted that the Combat Life Savers Course teaches basic medical skills for use on the battlefield.)
3. Accordingly, there appears to be no basis to grant his request to enter the sniper course on his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20140002594
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ABCMR Record of Proceedings (cont) AR20140002594
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