IN THE CASE OF:	

	BOARD DATE:	  22 May 2008

	DOCKET NUMBER:  AR20080000940 


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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show his military training.

2.  The applicant states that his Jungle Warfare Training Course and his TOW 2 Missile System Gunner’s Course were not recorded on his DD Form 214. 

3.  The applicant provides copies of his certificates of training for the Jungle Warfare Training Course and the TOW 2 Missile System Gunner’s Course.

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.  On 3 September 1982, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).

3.  On 15 April 1983, the applicant was assigned for duty as an ammunition bearer with the 3rd Battalion, 32nd Infantry Regiment, 7th Infantry Division, at Fort Ord, California.

4.  On 27 May 1983, the applicant completed the 3-week Jungle Warfare Training Course at Fort Sherman, Panama.

5.  On 23 June 1984, the applicant was assigned for duty as a personnel carrier driver with the 1st Battalion, 31st Infantry Regiment, 2nd Infantry Division, in the Republic of Korea.

6.  During the month of October 1984, the applicant completed the 4-hour TOW 2 Missile System Gunner’s Course.  

7.  On 2 March 1986, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4 and had completed 3 years and 6 months of creditable active duty.

8.  Item 14 (Military Education) of the applicant’s DD Form 214 indicates “None.”  
9.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided that Item 14 (Military Education) of the DD Form 214 would list in-service training courses, including course title, number of weeks, and year successfully completed during this period of service.  Examples of courses to be listed were medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information was provided to assist the separated service member in job placement; therefore, training courses for combat skills were not to be listed.

DISCUSSION AND CONCLUSIONS:

The Jungle Warfare Training Course and the TOW 2 Missile System Gunner’s Course clearly taught combat skills and were not authorized to be entered in Item 14 (Military Training) of the applicant’s DD Form 214.  Therefore, the applicant’s request should be denied.  


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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080000940



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