IN THE CASE OF: BOARD DATE: 1 February 2022 DOCKET NUMBER: AR20210011507 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 17 March 2008 by: * adding his completion of basic combat training * adding weapons training * adding his qualification of his M16A2 * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10 (Armed Forces), United States Code (USC), section 1552 (b) (Correction of Military Records: Claims Incident Thereto). 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, in effect he is requesting correction of his DD Form 214 to show completion of basic combat training, weapons training, and qualification of his M16A2. His DD Form 214 does not provide proof of proficiency with firearms, which is needed for professional and personal affairs. The state of Ohio will not accept his DD Form 214 if it does not reflect any weapons training. 3. On 15 September 2003, the applicant enlisted in the US Army Reserve (USAR) delayed entry program (DEP) for a period of 8 years. On 18 March 2004, he was discharged from the USAR DEP and entered active duty for a period of 4 years. 4. His Enlisted Record Brief (ERB) shows he entered basic combat training on 18 March 2004. Section VIII (Awards and Decorations) of his Enlisted Record Brief does not list any weapon qualifications or degree of qualifications. 5. On 17 March 2008, the applicant was issues a DD Form 214, which shows he was honorably released from active duty for completion of his required active service. His DD Form 214 shows in: * Block 11 (Primary Specialty) 44C (Financial Management Technician) * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Achievement Medal, Meritorious Unit Commendation, Army Good Conduct Medal, National Defense Service Medal, Global War on Terrorism Service Medal, and Army Service Ribbon * Block 14 (Military Education) Finance Specialist Course, 12 weeks, 2004 6. There are no documents in his file, such as orders, weapons qualification card, firing scorecard, entry on a personnel document, or other evidence of any weapon qualification or degree of qualification. 7. The applicant is requesting his DD Form 214 be corrected to show he completed basic combat training, weapons training, and his qualification on his M16A2. a. The applicant's service record shows he entered basic combat training on 18 March 2004. There was no record of weapon training or weapon qualification. b. Army Regulation 635-5 (Separation Documents), in effect at the time, states: (1) The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service, the time of release from active duty, retirement, or discharge. (2) Source Documents: Approval documentation must be present for transition processing to occur. All source documents should be in place to complete the DD Form 214. The source document for completion of the DD Form 214 is the ERB. (3) Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded: List awards and decorations for all periods of service. (4) Military Education: From the ERB list formal in-service (full-time attendance) training courses successfully completed, during the period of service covered by the DD Form 214. Do not list training courses for combat skills. c. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The Board carefully considered the applicant's request for a personal appearance hearing but decided that in this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. Board members found no documents in his file, such as orders, weapons qualification card, firing scorecard, entry on a personnel document, or other evidence of any weapon qualification or degree of qualification. Additionally, Board members noted that training courses for combat skills are not listed on the DD Form 214. 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 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. Army Regulation 635-5 (Separation Documents), in effect at the time, states: a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service, a the time of release from active duty, retirement, or discharge. b. Source Documents: Approval documentation must be present for transition processing to occur. All source documents should be in place to complete the DD Form 214. The source document for completion of the DD Form 214 is the ERB. c. Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded: List awards and decorations for all periods of service. d. Military Education: From the ERB list formal in-service (full-time attendance) training courses successfully completed, during the period of service covered by the DD Form 214. Do not list training courses for combat skills. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011507 1 ARMY BOARD FOR CORRECTIONS OF MILITARY RECORDS RECORD OF PROCEEDINGS 1