IN THE CASE OF:	  

		BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100012557 


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 the Sniper School Course be added to item 25 (Education and Training Completed) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  The applicant states he attended Sniper School at the American Combat Center in May of 1970.  This was not included on his DD Form 214.  

3.  The applicant provides personal photographs, certificate of completion of the Sniper School Course 2-70, and DD Form 214 in support of his application.  

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 was inducted into the Army of the United States on 14 October 1968.  

3.  The applicant served in Vietnam from 17 November 1969 to 14 August 1970 with Company C, 1st Battalion, 6th Infantry, 198th Infantry Brigade.  

4.  The applicant provided a certificate which shows he completed the Sniper School Course 2-70 on 25 May 1970 at the Americal Combat Center.  

5.  The applicant was released from active duty on 14 August 1970.  

6.  Item 25 on the applicant’s DD Form 214 does not list the Sniper School Course.  

7.  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.  In pertinent part it stated that installation training courses (qualifications courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 will be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military record should be corrected to show his successful completion of the Sniper School Course was carefully considered and determined to have merit.

2.  Evidence shows he successfully completed the Sniper School Course; therefore he is entitled to correction of his DD Form 214 to show completion of this course.

BOARD VOTE:

____X___  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's DD Form 214 be corrected by adding the entry "Americal Combat Center Republic of Vietnam 3 Weeks Sniper School Course 2-70" to item 25.



      _______ _   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)                                         AR20100012557



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100012557



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1