IN THE CASE OF:	  

		BOARD DATE:	  16 November 2010

		DOCKET NUMBER:  AR20100013352 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to add his training for and designation of SEABRINE Aircrewman of an EA-3B aircraft.

2.  The applicant states this award was received in close proximity to his discharge and was not entered on his DD Form 214.

3.  The applicant provides his DD Form 214 and a letter, dated 22 October 1970, in which it states that having completed the EA-3B SEABRINE Aircrewman training requirements and written examinations as required by Navy Operations Instruction 3710.7E, the applicant was designated as a SEABRINE Aircrewman in the EA-3B type aircraft.

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's military records show he enlisted in the Regular Army on 26 September 1967, was awarded the military occupational specialty of General Intercept Equipment Repairman and later Intercept Recording Systems Repairman, served in Hawaii and Japan, and was promoted to pay grade E-5.

3.  The applicant's DA Form 20 (Enlisted Qualification Record) shows "General Intercept Equipment Repairman" in 1968 and "Intercept Recording Systems Repairman" in 1969 in item 27 (Military Education).

4.  The applicant was honorably released from active duty on 26 August 1971.  His DD Form 214 shows "General Intercept Equipment Repairman – 25 weeks" and "Intercept Recording Systems Repairman – 15 weeks" in item 25 (Education and Training Completed).  Item 23a (Specialty Number and Title) shows "33C2F Intercept Recording Systems Repairman."

5.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  It stated that the DA Form 20 was among the source documents for entries on the DD Form 214.  The regulation provided that formal in-service (full-time attendance) training courses successfully completed during the period of service covered would be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence or indication that the applicant's training resulted in his reclassification into another military occupational specialty.  As such, the entry in item 23a is correct.

2.  There is no evidence of the applicant taking formal training to earn his designation of SEABRINE Aircrewman in the EA-3B aircraft.  Without evidence that the applicant attended a full-time course, there is insufficient evidence with which to add this training to item 25 of his DD Form 214.

3.  In view of the foregoing, there is insufficient evidence in which to grant the applicant's request.


BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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.

ABCMR Record of Proceedings (cont)                                         AR20100013352



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ABCMR Record of Proceedings (cont)                                         AR20100013352



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