IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120007501 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his successful completion of the Basic Military Police Training Course (BMPTC).

2.  The applicant states he feels his record is in error because he successfully completed the training and deserves to have it entered on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and certificate of training.

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's records show he enlisted in the Regular Army on 25 February 1981.  He completed basic combat and advanced individual training and was awarded military occupational specialty 75C (Personnel Management Specialist).

3.  On 15 February 1985, he was honorably released from active duty and transferred to the 810th Military Police Company in the rank/grade of specialist four/E-4.

4.  The applicant submitted a copy of a Department of the Army Certificate of Training, dated 16 August 1985, for successfully completing the BMPTC during the period 4 August through 16 August 1985.

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  It states the Soldier's military education is obtained from the Soldier's records.  It shows the formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 and includes title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show his successful completion of the BMPTC was carefully considered and determined to lack merit.

2.  The fact that the applicant successfully completed the BMPTC is not in question.  However, the evidence shows the applicant completed the course after the inclusive dates of his DD Form 214.  There is no provision to enter military training courses completed subsequent to a Soldier's separation from active duty on a previously-issued DD Form 214.  Therefore, the applicant 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 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)                                         AR20120007501



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ABCMR Record of Proceedings (cont)                                         AR20120007501



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