IN THE CASE OF:
BOARD DATE: 2 December 2014
DOCKET NUMBER: AR20140004617
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 29 February 1980 DD Form 214 (Certificate of Release or Discharge from Active Duty) to include three military training courses.
2. The applicant states his 29 February 1980 DD Form 214 does not include any of the military training courses he completed.
3. The applicant provides copies of a
* Military Police Supervision Correspondence Course Diploma
* 17 July 1975 course completion congratulations letter
* Criminal Investigation Correspondence Course Diploma
* Military Police Investigator (MPI) Course 8-74 Diploma
* Academic Report for MPI 8-74 course
* page 2 of his DA Form 2-1 (Personnel Qualification Record - Part II)
* 29 February 1980 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 served in the Regular Army from 18 July 1958 through
29 February 1980, with his last enlistment commencing on 30 October 1978.
3. He is requesting inclusion of the following courses on his 29 February 1980 DD Form 214
* Military Police Supervision Correspondence Course, 26 February 1969
* Military Police Investigator Course 8-74, 22 March 1974
* Criminal Investigation Correspondence Course, 6 June 1975
4. His 29 October 1978 DD Form 214 includes an entry for the Criminal Investigation Correspondence Course, 6 June 1975.
5. The applicant's 29 February 1980 DD Form 214 shows no military education during the period covered by this DD Form 214.
6. Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states:
a. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment.
b. The entries at block 14 are the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Two of the three courses requested are correspondence courses which do not meet the requirement of being formal in-service full-time attendance training courses for inclusion on a DD Form 214.
2. The third course was completed prior to the period covered by this DD Form 214 and is included on his earlier DD Form 214; therefore, it would not be appropriate to include it on the 29 February 1980 DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
____________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) AR20140004617
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ABCMR Record of Proceedings (cont) AR20140004617
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