IN THE CASE OF: BOARD DATE: 29 JULY 2008 DOCKET NUMBER: AR20080008446 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, in effect, that block number 25 (Education and Training Completed) on his Report of Transfer or Discharge (DD Form 214) be corrected to show that he completed the Chemical, Biological, Radiological (CBR) Operations and Defensive Measures course when he was in the Army. 2. The applicant states, in effect, that his DD Form 214 does not show that he attended and successfully completed the CBR course. 3. The applicant provides in support of his application, a copy of Special Orders Number 193 directing that he attend the Post CBR School, Class Number 3; a copy of a list of his former company's additional duty assignments, dated 7 February 1967; and 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 was inducted into the Army on 10 June 1965 in Omaha, Nebraska, and he successfully completed his training as a light weapons infantryman. 3. He was promoted to the pay grade of E-2 on 10 October 1965; and he was promoted to the pay grade of E-3 on 10 February 1966. 4. On 18 March 1966, the applicant was furnished a Certificate of Training by the Director, Pictorial Division, for successfully completing a 40-hour Audio-Visual Projectionist Course at Fort Ord, California. 5. On 27 September 1966, Special Orders Number 193 was published by the Adjutant at Headquarters, 2nd Brigade (AIT), Fort Ord, California, directing the applicant to attend Post CBR School, Class Number 3. His records show that he was furnished a Certificate of Training after he successfully completed an 80-hour course of instruction in CBR Operations and Defensive Measures. The certificate shows that the course was given at the Post CBR School, Fort Ord, California, during the period 10 October 1966 through 21 October 1966, which qualified him as a unit CBR noncommissioned officer, or specialist. 6. After completing 2 years of total active service, the applicant was honorably released from active duty (REFRAD) on 9 June 1967, at the expiration of his term of service. The DD Form 214 that he was furnished at the time of his REFRAD shows that the education and training that he completed consisted of Basic Training; Light Weapons Infantryman training; and Drill Sergeant School. However his DD Form 214 does not show that he completed a CBR Operations and Defensive Measures course or an Audio-Visual Projectionist course while he was in the Army. 7. Army Regulation 635-5 provides, in pertinent part, that only decorations, medals, badges, citations and campaigns ribbons will be entered on the DD Form 214. Certificates of Appreciation or Achievement are not authorized for entry. It further provides that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed and that those courses non-combat arms related that are 40 hours (1 week) or more in duration will be listed under military education. DISCUSSION AND CONCLUSIONS: 1. An error was made during the preparation of the applicant's DD Form 214 which resulted in the omission of his CBR Operations and Defensive Measures training being reflected. 2. His records clearly show that he successfully completed an 80-hour course of instruction in CBR Operations and Defensive Measures and this information should have been included on his DD Form 214 at the time of his REFRAD. In accordance with the applicable regulation, he is entitled to have his training in CBR Operations and Defensive Measures reflected on his DD Form 214. 3. The applicant is also entitled to have his Audio-Visual Projectionist training included on his DD Form 214. This was a 40-hour course that was also inadvertently omitted from his DD Form 214 at the time of REFRAD. 4. In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below. BOARD VOTE: __XXX __ __XXX__ __XXX__ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending block number 24 on his DD Form 214 to show that he completed a course of instruction in CBR Operations and Defensive Measures and an Audio-Visual Projectionists course. ___ XXX ___ 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. ABCMR Record of Proceedings (cont) AR20080008446 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080008446 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1