ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 June 2019

	DOCKET NUMBER:  AR20180007689


APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show completion of the Nuclear, Biological, and Chemical Warfare (NBCW) Course.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificate of Achievement
* Photographs of Soldiers in a yearbook

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 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 he completed the NBCW Course at Fort Ord, CA, and was assigned in Korea with the 1st Battalion, 17th Infantry.  He has attached a picture from a yearbook that show he was assigned as the NBC Noncommissioned Officer (NCO). 

3.  He provides a page from a yearbook with his picture, name, and title as NBC NCO.  He also provides a Certificate of Achievement, dated 29 October 1982, recognizing his performance during a training exercise/evaluation at Fort Hunter Liggett from 5 to 11 October 1982 as an alternate NBC NCO in a Combat Support Company, 1st Battalion, 32nd Infantry. 

4.  Review of the applicant’s records shows: 

	a.  He enlisted in the Regular Army on 7 February 1979.  He completed 12 weeks infantry training and was awarded military occupational specialty 11B (Infantry

	b.  He served in Germany from November 1980 to December 1981.  He reenlisted on 10 August 1981.  He rotated back to the States and was assigned to 1st Battalion, 32nd Infantry, 7th Infantry Division, Fort Ord, CA as a “gunner.” 

	c.  He served in Korea from 22 June 1983 to 6 December 1983, with the 1st Battalion, 17th Infantry, 2nd Infantry Division as a personnel carrier driver. 

	d.  He was reduced to E-1 as a result of nonjudicial punishment (NJP) in November 1983.  Following this NJP, his command initiated separation action against him for unsatisfactory performance. 

	e.  On 1 December 1983, the separation authority approved his separation and ordered him discharge.  He was accordingly discharged on 7 December 1983 with a general discharge. 

	f.  His DD Form 214 shows he completed 4 years, 9 months, and 22 days of active service with some lost time.  Item 14 (Military Education) shows the entry “None.” 

	g.  In 1986, the Army Discharge Review Board upgraded his characterization of service to honorable.  He was re-issued a new DD Form 214 that reflects his honorable discharge as well as a new entry in block 14 that reads “Infantryman, 12 weeks, 1979.” 

	h.  His service record is void of a certificate of training or a DA Form 1059 (Service School Academic Evaluation Report) that shows completion of the NBCW training.  

	i.  His DA Form 2-1 (Personnel Qualification Record) does not reflect in item 17 (Civilian Education and Military), the completion (or length and duration) of NBCW training. 

5.  By regulation (AR 635-5), the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 14 shows formal in-service training courses completed during the period covered by the DD Form 214.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions were carefully considered.  He provided a certificate that shows he was an alternate NBC NCO.  His record is void of a course completion certificate.  Based upon the preponderance of evidence, the Board determined there is insufficient evidence to grant relief.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
	 
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 Army Board for Correction of Military Records (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.  Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Item 14 shows formal in-service training courses completed during the period covered by the DD Form 214; combat skills are not listed.

ABCMR Record of Proceedings (cont)	 AR20180007689


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