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ARMY | BCMR | CY2004 | 20040010102C070208
Original file (20040010102C070208.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 September 2005
      DOCKET NUMBER:  AR20040010102


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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 corrections be made to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) issued
to him on 23 February 1965.  He specifically requests unspecified
corrections be made to Items 4, 5b [sic], 10b, 24c, 25b, and 29.

2.  The applicant states that there are entries on his DD Form 214 that he
does not understand.  He also adds that when he was in Germany, he was
assigned to the 500th Engineers.  He concludes that he wants his DD Form
214 corrected because he doesn't want his family to see these entries.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 February 1965.  The application submitted in this case is
dated 26 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 limitation 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 available evidence shows that, on 12 March 1963, the applicant was
inducted into the Army of the United States (AUS).  He completed basic
combat training at Fort Gordon, Georgia and, on 3 June 1963, he was
assigned to Fort Jackson, South Carolina for completion of advanced
individual training (AIT) in military occupational specialty (MOS) 760.00
(Supply Clerk).  He apparently did not complete the training and was never
awarded MOS 760.  On 15 July 1963, he was reassigned to a different unit on
Fort Jackson for completion of AIT in MOS 540.00 (Duty Soldier).  On 6
September 1963, he was awarded MOS 540.00.

4.  On 13 September 1963, the applicant left Fort Jackson en route to
Germany (Europe), arriving there on or about 27 September 1963.  On 3
October 1963, he was assigned to Headquarters, Support Troop, 7th Army and
attached to the 500th Engineer Detachment with duties in MOS 510.00
(Painter).  On
2 November 1964, he was reassigned to Headquarters Company, 7th Army with
duties in MOS 540.00.  He served in this unit until he returned to Fort
Hamilton, Brooklyn, New York for separation processing, due to early
release overseas returnee.

5.  The applicant's DD Form 214 shows that on 23 February 1965, he was
released and transferred to the United States Army Reserve after completing

1 year, 11 months and 12 days of honorable service.

6.  The applicant's DD Form 214 is also annotated to show the following:

      a.  Item 4 (Department, Component, and Branch or Class) "Army AUS
QMC."  AUS stands for "Army of the United States" which meant he was
drafted rather than enlisted.  Soldiers who enlisted served in the Regular
Army, or RA.  The acronym “QMC” stands for Quartermaster Corps.

      b.  Item 10b (Major Course or Field) refers to the civilian
educational experience of the applicant.  Item 10a (Highest Civilian
Education Level Attained) shows that the applicant went to high school
through the 10th grade.  Item 10b indicates that he was in the "General"
curriculum in high school, as opposed to the academic curriculum, business
curriculum, or vocational curriculum.

      c.  Item 24c (Foreign and/ or Sea Service) shows that the applicant
served overseas for 1 year, 5 months, and 6 days.  The acronym "USAREUR"
stands for "US Army Europe" and indicates that his overseas service was in
Europe (Germany).


      d.  Item 25b (Related Civilian Occupation and DOT Number) is supposed
to correlate a Soldier's military occupational specialty (in Item 25a) with
a corresponding job in civilian life.  The applicant had a duty Soldier
MOS.  This MOS was a sort of "jack-of-all-trades" and there was a long list
of corresponding civilian occupations in the Department of Transportation
(DOT) Dictionary of Occupational Titles.  DOT Number "7-57.005, Laundryman"
was a civilian occupation related to the duty Soldier MOS.

      e.  Item 29 (Other Service Training Courses Successfully Completed) is
where military training can be listed on the DD Form 214 when the training
doesn't fit the requirements for listing in Item 28 (Service Schools).
"ATP21-114 CrseANonJudPun," means the applicant successfully completed a
training course involving military law and the meaning of nonjudicial
punishment (NJP), a punitive measure, that falls within the Uniform Code of
Military Justice and is less severe than a trial by court-martial.

7.  DD Form 214 does not have a block for Item 5b.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 indicates:

      a.  In Item 4 that he served within the Department of the "Army," that
his component was "Army of the United States," and his branch was
"Quartermaster."


      b.  In Item 10b, that he was in the "general" course curriculum as a
high school student.


      c.  In Item 24c, that he had foreign service in Germany with US Army
Europe (USAREUR).


      d.  In Item 25b, that one possible civilian occupation related to his
military job specialty was "Laundryman."


      e.  In Item 29, that he successfully completed a training course on
the subject of nonjudicial punishment, or NJP.


2.  According to the available evidence, the entries recorded in Items 4,
10b, 24c, 25b, and 29 are correct and no basis has been established for
making changes.

3.  There is no Item 5b on the applicant's DD Form 214.  His unspecified
request relative to an Item 5b is viewed as simply a mistake on his part.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 February 1965; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 February 1968.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__sk____  __bje___  __rtd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Stanley Kelley
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010102                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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