ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 October 2019 DOCKET NUMBER: AR20170011136 APPLICANT REQUESTS: his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 September 2011 be updated by: * adding his missing military education to his record * correcting the length of his Arabic language course from 53 weeks to 63 weeks APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Training Certificate - Field Sanitation Team Training * Attendance Certificate - Special Forces Assessment & Selection (SFAS) course * Training Certificate - SFAS Land Navigation Training * Completion Certificate - SFAS course * Diploma – Special Forces (SF) Engineer Sergeant course * Linguistic Certificate - Arabic Modern Language * Diploma – Defense Language Institute - Arabic Modern Language * DA Form 1059 (Service School Academic Evaluation Report) - Arabic Basic Course FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. He was erroneously informed by the Fort Bragg personnel records section that he could not submit some of his training records during his medical board process during a period from 2010 to 2011. He was under extreme stress and mood irregularity due to his post-traumatic stress disorder (PTSD), undergoing multiple surgeries during that period, and was additionally worried about being medically retired. b. At that time, he was barely coordinating his counseling care for himself and his family, in addition to his multiple medical appointments. He has since moved several times and now lives in California. The lengthy process had distracted him from focusing on his records until he became healthy enough to address the issue of requesting these corrections. 3. The applicant provides: a. The following documents for addition to his military education record: * Training certificate for completion of 40 hours field sanitation team training from 25 January 1993 to 29 January 1993 at the National Guard Training Site, Fort McClellan, AL * Attendance certificate for the Special Forces Assessment & Selection (SFAS) course (2E-F129/011-F44) from 5 January 1994 to 28 January 1994 at the John F. Kennedy Special Warfare Center and School, Fort Bragg, NC * Training certificate for completion of the SFAS Land Navigation Training from 26 March 1997 to 30 March 1997 at Fort Bragg, NC * Completion certificate for the Special Forces Assessment & Selection (SFAS) course (2E-F129/011-F44) from 18 March 1997 to 10 April 1997 at the John F. Kennedy Special Warfare Center and School, Fort Bragg, NC * Graduate diploma for the Special Forces Engineer Sergeant course (011- 18C30) from 22 August 1997 to 6 March 1998 at the John F. Kennedy Special Warfare Center and School, Fort Bragg, NC b. The following documents to support his request for correction to the length of his Arabic language course, currently listed as 53 weeks in block 14 (Military Education) on his DD Form 214, to the correct length of 63 weeks: * Linguistic Certification in the Arabic Modern Language dated 8 June 2006 * Diploma from the Defense Language Institute – Foreign Language Center for completion of the 63 week basic Arabic - Modern Language program * DA Form 1059 (Service School Academic Evaluation Report) - Arabic Basic Course (21501AD00505) from 17 February 2005 to 8 June 2006 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 5 September 1990. b. He had immediate reenlistments during this period on 1 March 1995, 21 July 1997, and 14 May 2001. c. A physical disability information report (PDIR) dated 24 June 2011, shows he was determined to have a non-combat related disability and was scheduled for retirement on 9 September 2011. d. Orders 175-0251, dated 24 June 2011, published by Headquarters, U.S. Army Garrison, Fort Bragg, NC shows his effective date of retirement on 20 September 2011. e. Orders 175-0295, dated 24 June 2011, published by Headquarters, U.S. Army Garrison, Fort Bragg, NC, amended Orders 175-0251 to show his effective date of retirement on 8 September 2011. f. DD Form 214 for the period ending 8 September 2011, shows in: * block 12a (Date entered active duty this period) 5 September 1990 * block 12b (Separation date this period) 8 September 2011 * block 12c (Net active service this period) 21 years, 0 months, and 4 days * block 14 (Military education) shows Arabic language course, 53 weeks, 2006 * block 23 (Type of separation) Retirement * block 24 (Character of service) Honorable * block 28 (Narrative reason for separation) Disability, permanent (Enhanced) g. No documents were found to reflect 63 weeks of Arabic language training other than what the applicant provided. DD Form 215 dated 15 May 2013, shows a correction to his military education(block 14) on the DD Form 214 for the period ending on 8 September 2011, by adding special forces advanced reconnaissance, target analysis, and exploitation course, diploma, 8 weeks, 2003. 5. By regulation, Army Regulation (AR) 635-5 (Personnel Separations – Separation Documents) – the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The AR established the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance for the preparation of the DD Form 214. a. Block 14 (Military Education) – list formal in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. b. Item 18 (Remarks) – is used for entries required by Headquarters Department of the Army for which a separate item is not available on the form, and for continuation for entries in blocks 11, 13, and 14. 6. Department of Defense Instruction (DoDI) 1336.01 (Certificate of Release or Discharge from Active Duty), prescribes procedures for preparation and distribution of DD Form 214C (Certificate of Release or Discharge from Active Duty, Continuation Sheet), and DD Form 215 (Correction to DD Form 214). 7. Army Regulation (AR) 15-185 (ABCMR) the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found some relief was warranted. The applicant’s contentions were carefully considered. The evidence provided shows he completed the Arabic Language Course was 63 weeks instead of 53 weeks; however, certifications are not shown on the DD Form 214. The Board agreed the following courses should be reflected on his DD Form 214: Field Sanitation Course; SF Assessment and Selection Course (completed); and the SF Engineer Sergeant Course. The Board agreed the SF Assessment and Selection Land Navigation Training was conducted during the SF Assessment and Selection Course, and was not in itself outside of the assessment and selection process. Finally only courses in which members complete training are annotated on the DD Form 214, not courses in which they attended as shown on the assessment course in 1994. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending block 14 of his DD Form 214 for the period ending 8 September 2011 by: a. showing the entry “Arabic Language Course, 63 weeks, 2006” instead of 53 weeks; b. adding the following: * Field Sanitation Team Training, 1 week, 1993 * Special Forces Assessment and Selection Course, 3 weeks, 1997; and * Special Forces Engineer Sergeant Course, 28 weeks, 1998 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 additional military education and certification. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 635-5 (Personnel Separations – Separation Documents) – the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The regulation established the standardized policy for preparing and distributing the DD Form 214, and chapter 2 contains guidance for the preparation of the DD Form 214. It states for: a. Block 14 (Military Education) – list formal in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration. As an exception, list Command and General Staff College and Senior Service Colleges completed by correspondence courses. Do not list training courses for combat skills. When in doubt, refer to the American Council of Education’s Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army. b. Item 18 (Remarks) – is used for entries required by Headquarters Department of the Army for which a separate item is not available on the form, and for continuation for entries in blocks 11, 13, and 14. 3. Department of Defense Instruction (DoDI) 1336.01 (Certificate of Release or Discharge from Active Duty), prescribes procedures for preparation and distribution of the following: a. Paragraph 4c, DD Form 214C (Certificate of Release or Discharge from Active Duty, Continuation Sheet) states the form will be used to provide space for supplemental information where space is not available on the DD Form 214. The document will be handled in accordance with regulations issued by the military service concerned. b. Paragraph 4d, DD Form 215 (Correction to DD Form 214) paragraph 4d states the form will be used to correct errors in the DD Form 214 discovered after the original has been delivered or copies have been distributed, and to furnish the separating member information not available when the DD Form 214 was prepared. 4. AR 350-1 (Army Training and Leader Development) paragraph 8-14 states that records of completion for all Soldiers who successfully complete a DL (Distributed Learning) course will have the completion recorded in ATRRS (Army Training Requirements and Resources System) and ATMS (Army Training Management System). All training mandated in accordance with this regulation will be entered or updated in the official personnel file of Soldiers through the ATRRS interface. Course completion data will be transmitted from ATRRS into the Soldier’s ITR (Individual Training and Readiness System) in DTMS (Defense Training Management System). School generated certificates of completion or ATRRS-generated DA Forms 1059 will be accomplished via mail or through electronic distribution such as the DL facility fax capability or locked portable document format (.pdf). These documents can be used for promotion point documentation. 5. AR 600-8-104 (Army Military Human Resource Records Management) paragraph 5- 14 states that: (1). Military education entries will be made for the successful completion of each formal course of instruction resulting in the award of a specialty skill identifier, military occupational specialty, additional skill identifier, or skill qualification identifier that makes a direct contribution to proficiency in a particular specialty skill identifier or military occupational specialty. For all schools and courses, an entry will be made for successful completion of any course of instruction conducted under military sponsorship or direction. (2) Basic criteria for military education course code include the following: (a) Course must be listed in the Army Training Requirements and Resource System. (b) Resident course hours with a minimum of 40 hours per 1 week per 5 days of instruction. 6. TRADOC Regulation (TR) 350-18 (Training – The Army School Systems TASS (The Army School System) in the paragraph 3-38 states that: a. TASS schools will issue diplomas or certificates of completion to all students on successful completion of courses to students who meet course completion criteria established by the student assessment plan for a TATS (Total Army Training System) course. b. Certificates and diplomas will contain: (1) Complete course title and course identification number. (2) Student's full name, grade, course, or phase, and beginning and completion dates of the course and hours. c. Commanders/commandants may issue locally produced certificates to students who successfully complete courses. They may also issue certificates for constructive, equivalent, or operational credit. Reference paragraph 3-33. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170011136 5 1