BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140010802
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 two missing courses, 13 Bravo One Station Unit Training course (his basic combat and military occupational specialty (MOS) course) and a 155MM Atomic Projectile Prefire Supervisor course, be included on his 14 July 1984 DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he completed the 13 Bravo One Station Unit Training (OSUT) course on 08 October 1980 and the 155MM Atomic Projectile Prefire Supervisor course on 8 April 1983. He was not aware that these course should have been included in his Military Education at block 14 of his DD Forms 214. Neither his 1984 or 1988 DD Form 214 included these courses. He would say that the error was caused due to his not understanding the importance of the DD Form 214.
3. The applicant provides two DD Forms 214, a Certificate of Completion for the 155MM Atomic Projectile Prefire Supervisor course; and a August 1988 Enlisted Evaluation Report.
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 15 July 1980, completed the 13 Bravo One Station Unit Training, and was awarded the military occupational specialty (MOS) 13B (Cannon Crewman).
3. The 13 Bravo One Station Unit Training (OSUT) course is a combination of basic combat training and the MOS 13B, Cannon Crewman training at the same training command. It is not a single course but rather a single training command program.
4. During his first enlistment the applicant also completed
* Basic Airborne Training, 3 weeks, 1980
* 82nd Airborne Division Unit Armorer course, 2 weeks, 1981
* 155MM Atomic Projectile Prefire Supervisor course, 1 week, 1983
5. The applicant was released from active duty on 14 July 1984. The DD Form 214 issued at that time did not include any entries at block 14 (Military Education).
6. The applicant was reenlisted on 11 July 1985 and was honorably discharged on 10 December 1988. His DD Form 214 lists his military education as the Tactical Communications Systems Operations and Maintenance course, 11 weeks, 1985; Basic Airborne Training, 3 weeks, October 1980; and Unit Armorer course, 2 weeks, January 1981.
7. During his second enlistment the applicant completed the
* Tactical Communications Systems Operations and Maintenance course, 11 weeks (MOS training), 1985
* German Language Headstart course (1 week), 1985
8. Army Regulation 635-5 (Separation Documents) prescribes 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 at block 14 (Military Education), 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. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed the combined basic combat training/13B MOS courses, a Unit Armorer course, Basic Airborne training, and 155MM Atomic Projectile Prefire Supervisor training during his first enlistment. His combined basic combat training/MOS course and the unit armorer course are combat skills courses and as such are not to be included on a DD Form 214 at block 14.
2. Basic Airborne training and the 155MM Atomic Projectile Prefire Supervisor course are primarily combat skills related courses. However, both contain training that could assist a Soldier in civilian job placement. Therefore, it is appropriate to include these courses on his 14 July 1984 DD Form 214.
3. The listing of the 1980 Basic Airborne Training and the 1981 Unit Armorer course on his second DD Form 214 was inappropriate. These courses were completed in the applicant's first period of service not his second and should not have been included on the 10 December 1988 DD Form 214.
4. However; it is the policy of this Board to not disadvantage an applicant by making corrections that could potentially make them any worse off for having applied for a correction to their record. Therefore; it would not be appropriate to delete the erroneous inclusion of the courses from the 1988 DD Form 214.
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 showing on the applicant's 14 July 1984 DD Form 214, at block 14, the following entries: Basic Airborne Training, 3 weeks, 1980; and 155MM Atomic Projectile Prefire Supervisor course, 1 week, 1983.
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 any addition correction to his records.
_______ _ 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) AR20140010802
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