BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160000836 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160000836 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. Enclosure 1 BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160000836 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) by showing he qualified with the .45 caliber pistol. 2. The applicant states his pistol qualification was omitted from his DD Form 214. He noticed this omission when he was applying for a concealed carry weapons permit. 3. The applicant provides a copy of his DD Form 214. 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 Official Military Personnel File (OMPF) shows he entered active duty for training (ADT), as a member of the Army National Guard, on 10 May 1990. He completed his training and was released back to his ARNG unit on 23 September 1990. His OMPF for this period of ADT shows he qualified with the M-16 rifle and the hand grenade. His DD Form 214 for this period of ADT reflects these two weapon qualifications. There is no indication he was trained on or qualified with a pistol. 3. The applicant enlisted in the Regular Army on 31 January 1991. His DA Form 2-1 (Personnel Qualification Record – Part II) shows he qualified in December 1992 with the M-16 rifle. There is no record of him receiving training, familiarization, or qualification with a pistol. 4. He was released from active duty on 10 October 1994 and transferred to a Reserve unit. The DD Form 214 he was issued for this period of active duty service reflects his qualification with the M-16 rifle. REFERENCES: Army Regulation 635-5 (Personnel Separation - Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. It authorized entries for badges awarded for marksmanship, including the pistol. DISCUSSION: The available evidence does not indicate that he received any training, familiarization, or qualification with any type of pistol while serving on ADT or during his subsequent period of active duty service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000836 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2