BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160005220 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160005220 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 12a of his DD Form 214 the entry "91-20-24" and adding the entry "91-10-24." 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding the Small Arms Maintenance Course to his DD Form 214. ___________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. BOARD DATE: 22 August 2017 DOCKET NUMBER: AR20160005220 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 in: * Item 12a (Date Entered Active Duty (AD) This Period) “91-10-24” (24 October 1991) instead of "91-20-24" * Item 14 (Military Education), the Small Arms Maintenance Course 2. The applicant states he is trying to buy back his military service to have it added to his Federal service for retirement purposes. His Human Resources Office states the applicant’s DD Form 214 is incomplete. He states he entered the service on 24 October 1991 and he completed the Small Arms Maintenance Course in 1992. He served as the armorer with A Company, 54th Combat Engineer Battalion, and was transferred to C Company in 1992. He served as the armorer for a year before he was injured. The Department of Veterans Affairs (VA) has currently granted him a 70 percent service-connected disability rating. 3. The applicant provides his DD Form 214 and VA rating decision. 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 Regular Army on 24 October 1991 (91-10-24). He held military occupational specialty 12B (Combat Engineer). 3. He served in Germany from 14 February 1992 to 13 February 1994. He was assigned to C Company, 54th Engineer Battalion. 4. His DA Form 2-1 (Personnel Qualification Record) does not list the Small Arms Maintenance Course, but it does list the: * 13-week Combat Engineer Course at the U.S. Army Engineer Center, completed in 1992 * 1-week Headstart Course, U.S. Army Europe, completed in 1992 5. His service record is void of a certificate of training, memorandum, endorsement, or academic evaluation report confirming completion of the Small Arms Maintenance Course. 6. He sustained an injury in Germany on 11 October 1993 that necessitated his entry into the disability system. A physical evaluation board (PEB) ultimately determined he was physically unfit and recommended his placement on the temporary disability retired list (TDRL). 7. He was honorably retired on 11 March 1994 and he was placed on the TDRL in his retired rank/grade of specialist four/E-4 on 12 March 1994. His DD Form 214 shows in: * Item 12a – "91-20-24" * Item 14 – "Combat Engineer Course, 13 weeks, 1992" and "Headstart, 1 week, 1992" 8. A PEB convened on 3 January 1996 and determined he remained unfit but his condition was ready for final adjudication. The PEB recommended the applicant’s removal from the TDRL and discharge from the Army with severance pay, effective 27 February 1996. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. Table 2-8 contained specific instructions for each item of the DD Form 214. a. Item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued. b. Item 14, list in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and month and year completed; e. g., medical, dental, electronics, supply, administrative, personnel or heavy equipment. This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills will not be listed. DISCUSSION: 1. The applicant entered active duty on 24 October 1991 (the 10th month). His DD Form 214 incorrectly list the month he entered active duty. 2. There is no evidence in the available records confirming successful completion of the Small Arms Maintenance Course, the duration of this course, or the specific dates he attended the course. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005220 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005220 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2