IN THE CASE OF: BOARD DATE: 8 November 2012 DOCKET NUMBER: AR20120008577 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 correction of his records to show he served as an English to Spanish translator of military training manuals while serving at Fort Jackson, SC. 2. The applicant states he believes the objective of the translations was to train Cuban exiles, many of them veterans of the Bay of Pigs, for a second shot at deposing the communist regime in Cuba. He contends that by translating the training manuals, he facilitated the training of the Cuban exiles. He was proud of that assignment and he thinks he deserves credit for the work he did. He adds that he recalls asking a captain for a recommendation as to the nature and quality of his work as a translator, but his request was not acted upon due to confidentiality issues. 3. The applicant provides copies of his travel orders, last will and testament, and DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 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 enlisted in the Regular Army on 29 January 1962 and he was awarded military occupational specialty 716.1668 (Personnel Specialist) upon completion of initial entry training. 3. Section 4 (Chronological Record of Military Service) of his DA Form 24 (Service Record) shows he was reassigned to Fort Jackson, SC, after completion of initial entry training. 4. Headquarters, Fort Jackson, SC, Letter Orders Number 10-138, dated 26 October 1962, directed his reassignment in a temporary duty status to the 101st Airborne Division, Fort Campbell, KY, with a reporting date of 26 October 1962. 5. Section 4 of his DA Form 24 also shows he returned to Fort Jackson, SC, on 5 December 1962 and was subsequently reassigned to Europe where he served until he was honorably released from active duty on 18 November 1964. 6. The principal duty section in item 33 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) does not show he performed duties as a translator. 7. There is no evidence in his military records such as awards certificates, certificates of achievement, letters of commendation, and/or evaluation reports that show he performed duties as a translator. 8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. 9. Army Regulation 635-5 does not provide for recording temporary or special duties on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his records should be corrected to show his service as a translator has been carefully reviewed. 2. While his contention is not in doubt, there is no evidence in his available military records and he provided none that shows he performed duties as a translator. Additionally, even if there were documentary evidence to support his claim, there is no regulatory guidance that provides for recording temporary or special duties on the DD Form 214. 3. Based on the foregoing, there is no basis to grant the requested relief. 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 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) AR20120008577 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120008577 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1