RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 SEPTEMBER 2005
DOCKET NUMBER: AR20040009565
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Ms. Shirley Powell | |Chairperson |
| |Mr. Robert Duecaster | |Member |
| |Ms. Jeanette McCants | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that "Clerk" be removed from Block 25 (Education
and Training Completed) of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), with an effective date of 31
January 1972.
2. The applicant states that he never served or trained as a clerk on
active duty.
3. The applicant provides a DD Form 214; Armed Forces Examining and
Entrance Station Special Orders Number 53, dated 16 March 1970; a letter of
commendation; an Army Commendation Medal citation; the last page of DA Form
20 (Enlisted Qualification Record); and a National Guard Bureau Form 22
(Report of Separation and Record of Service).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 January 1972. The application submitted in this case is
dated 21 October 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The DA Form 20 contained in the applicant's official military personnel
file (OMPF) does not show that he ever served or trained as a clerk.
4. The applicant's OMPF contains a DA Form 2-1 (Personnel Qualification
Record). This form shows that the applicant completed the Unit Clerk Course
at the National Guard Professional Education Center in 1988. It also shows
that the applicant served as a Clerk Typist from 26 August 1987 to 30
January 1988 and again from 24 May 1989 to 9 January 1990 with the South
Carolina Army National Guard.
5. AR 635-5 (Separation Documents) provides for entry of formal in-service
(full-time attendance) training courses successfully completed during the
period of service covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. According to his DA Form 20 the applicant never served or trained as a
clerk while on active duty.
2. According to his DA Form 2-1 the applicant completed a Unit Clerk
Course in 1988, however this course was conducted by the Army National
Guard and the applicant was not on active duty. Additionally this course
was competed after the applicant's period of active duty and issuance of
his DD Form 214.
3. At this point in time, it cannot be determined why "Clerk" was entered
on the applicant's DD Form 214; however it is not a formal course. By
regulation this entry should not be on the DD Form 214.
4. Taking all of the above into consideration, the entry of clerk should
be removed from the applicant's DD Form 214.
5. Records show the applicant should have discovered the error or
injustice now under consideration on 31 January 1972, the date of his
separation from active duty. Therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 30 January
1975. The applicant did not file within the 3-year statute of limitations;
however he has provided compelling evidence to show that it would be in the
interest of justice to excuse the failure to timely file.
BOARD VOTE:
___SP __ ___RD __ __JM ___ 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by removing the entry of clerk from block
25 of his DD Form 214.
______Shirley Powell________________
CHAIRPERSON
INDEX
|CASE ID |AR20040009565 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2005/09/13 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |1972/01/31 |
|DISCHARGE AUTHORITY |AR 635-200, SPN 432 |
|DISCHARGE REASON |REFRAD |
|BOARD DECISION |GRANT FULL RELIEF |
|REVIEW AUTHORITY |AR 15-185 |
|ISSUES 1. |100.0000.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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