IN THE CASE OF:
BOARD DATE: 26 March 2015
DOCKET NUMBER: AR20140014216
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 item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 4 November 2007 to show he completed the:
* military occupational specialty (MOS) 11B (Infantryman) Course
* MOS 31B (Military Police) Course
* Warrior Leader Course (WLC)
2. The applicant states he completed both MOS courses and the WLC but they are not shown on his DD Form 214 for the period ending 4 November 2007.
3. The applicant provides his DD Form 214, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and two DA Forms 1059 (Service School Academic 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 Illinois Army National Guard (ILARNG) on 25 February 2005. He was ordered to active duty as a member of his ARNG unit in support of Operation Iraqi Freedom and he entered active duty on 24 July 2006. He held MOS 63B (Wheeled Vehicle Mechanic). He served in Iraq from 15 October 2006 to 30 September 2007.
3. He was honorably released from active duty on 4 November 2007 to the control of the ARNG. Item 14 of the DD Form 214 he was issued for this period of service contains the entry "None."
4. He provides two DA Forms 1059 that show he attended and successfully completed the WLC from 12 to 27 September 2008 and the Infantryman Course from 11 to 25 July 2009.
5. His record is void of any evidence that shows he completed the 31B Course. His record is void of any evidence that shows he completed any full-time military training courses between 24 July 2006 and 4 November 2007.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. In item 14 of the DD Form 214 list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214 (emphasis added).
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant served on active duty from 24 July 2006 to 4 November 2007. He completed the WLC in 2008 and the Infantryman Course in 2009, and there is no evidence that he completed the 31B Course during this period of active duty service. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty. There are no provisions for adding courses to the DD Form 214 which were completed before a Soldier entered on active duty or after the Soldier was released from active duty. Therefore, he is not entitled to the requested relief.
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) AR20140014216
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140014216
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003562
Application for correction of military records (with supporting documents provided, if any). This is no evidence in his record that shows he completed any military training course and/or was awarded the MOS 31B or 88M during the period of active duty service between 24 July 2006 and 4 November 2007. The DD Form 214 is a synopsis of the Soldier's record of active Army service at the time of release from active duty.
ARMY | BCMR | CY2011 | 20110002599
The evidence of record shows she served a qualifying period for award of the Iraq Campaign Medal; therefore, she is entitled to correction of her DD Form 214 to show this award. The evidence of record shows she served in the Republic of Korea from 21 August 1994 through 18 August 1995, which is a qualifying period of service for award of the Korea Defense Service Medal; therefore, she is entitled to correction of her DD Form 214 to show this award. Additionally, her records show she...
ARMY | BCMR | CY2011 | 20110008224
Block 5 of this form shows his MOS as 31B. However, the evidence shows he completed the Basic Military Police Course on 6 April 2007 which would have resulted in award of MOS 31B as at least a secondary MOS. Based upon the evidence of record, the applicant's statement, and the absence of documentation for the specific dates on which he was awarded each MOS, it would be appropriate to correct block 11 of his DD Form 214 by reversing the current entry to show he served in MOS 31B for 3 years...
ARMY | BCMR | CY2009 | 20090005596
BOARD DATE: 26 August 2009 DOCKET NUMBER: AR20090005596 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show the NPDR or any bronze service stars on her Iraq Campaign Medal (ICM). Therefore, she is entitled to the NPDR and correction of her records to show this award.
ARMY | BCMR | CY2015 | 20150010828
IN THE CASE OF: BOARD DATE: 29 September 2015 DOCKET NUMBER: AR20150010828 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. A "marginally achieved course standards" DA Form 1059 documenting WLC states the applicant failed the height and weight standards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing from his official military personnel file the "marginally achieved course standards" DA Form 1059 for the WLC and...
ARMY | BCMR | CY2014 | 20140004239
Application for correction of military records (with supporting documents provided, if any). Therefore, it would be appropriate to correct his DD Form 214 to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: * deleting from item 12f the current entry and replacing it with the entry "0001--10--23" * deleting from item 13 the Army Commendation Medal (2nd Award) and the...
ARMY | BCMR | CY2010 | 20100022780
IN THE CASE OF: BOARD DATE: 13 April 2011 DOCKET NUMBER: AR20100022780 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 November 2007 to reflect in block 11 (Primary Specialty) that his primary specialty was 31B (Military Police) and that his secondary specialty was 11B (Infantryman). Accordingly, his DD Form 214 should be corrected accordingly.
ARMY | BCMR | CY2008 | 20080014016
The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 5 September 2008, to reflect the Joint Meritorious Unit Award, the Army Superior Unit Award, the Noncommissioned Officer (NCO) Professional Development Ribbon, the German Armed Forces Proficiency Badge (Gold), and the Ohio Basic Training Ribbon. The Ohio Basic Training Ribbon that the applicant has requested he be awarded and added to his DD Form 214, is not...
ARMY | BCMR | CY2010 | 20100029346
The applicant states: * the correct DA Form 1059 for this course shows she attended the course during the period 13 February 2006 through 14 March 2006 * the error was caused due to a lack of attention to detail by her small group leader * she wants to correct her records because she is coming up for her first consideration by the sergeant first class promotion board 3. Since the duration of WLC is 4 weeks for Regular Army Soldiers and evidence shows she attended WLC during the period 13...
ARMY | BCMR | CY2013 | 20130000586
Item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. c. Item 14, list the formal in-service (full-time attendance) training courses successfully completed during the period covered by the DD Form 214. Although he may have attended these courses, the evidence of record does not show and he has not provided any evidence that shows he completed either course. As a result, the Board recommends that all Department of...