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ARMY | BCMR | CY2004 | 2004100746C070208
Original file (2004100746C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 August 2004
      DOCKET NUMBER:  AR2004100746


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Gail J. Wire                  |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Paul Smith                    |     |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 his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show: that he is
5 feet, 8 inches tall; that he was separated in the rank of staff sergeant;
that he was a full time employee in the West Virginia Army National Guard;
that he attended the Single Rotor Observation Helicopter Maintenance Course
and was the honor graduate; and, that he attended a school at the Grumman
Airplane Factory in Bethpage, Long Island in 1961.

2.  The applicant states the he is 5 feet, 8 inches tall, not 6 feet, 8
inches as shown on his DD Form 214, and that he was “promoted from
specialist sixth class to staff sergeant in July, 1962.”  He also states
that when his unit reverted to an inactive status on 16 August 1962, he
returned to his full time civilian employment, and then became a full time
National Guard employee on 1 November 1963.  The applicant states that he
attended two schools that are not on his DD Form 214.  The first is the
Single Engine Observation Helicopter Maintenance Course, which he completed
on 23 March 1962 as the honor graduate.  The second is a school on the OV-1
Mohawk aircraft that was conducted at the Grumman Aircraft factory from
October to December 1961.  The applicant states that he does not have any
documentation, other than a photograph, showing his attendance at this
factory school.

3.  The applicant provides copies of: his DD Form 214; a diploma showing he
graduated from Single Rotor Observation Helicopter Maintenance Course,
Class Number 62-16, on 23 March 1962; a letter of commendation indicating
he was the honor graduate in Single Rotor Observation Helicopter
Maintenance Course, Class Number 62-16; and, an undated and untitled
photograph.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 15 August 1962.  The application submitted in this case is
dated 4 November 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 applicant’s military records show that he enlisted in the Regular
Army on 9 July 1957 and trained as an Aircraft Mechanic.  He was released
from active duty on 8 July 1960 and later enlisted in the West Virginia
Army National Guard.  While serving in the National Guard, the applicant’s
unit was activated from 15 October 1961 to 15 August 1962.  Upon
deactivation, the applicant was released from active duty in the rank of
specialist sixth class.  The applicant remained in the National Guard until
being discharged on 24 January 1964, by reason of Continued Absence from
Military Service.

4.  Item 7e (Height) of the applicant’s DD Form 214 shows his height as
68 inches.

5.  Item 3a (Grade, Rate or Rank) of the applicant’s DD Form 214 shows his
grade and rank as SP6, E6.

6.  Army Regulation 635-5 (Separation Documents) provides instructions for
the completion of the DD Form 214.  As stated on the form itself, it
provides for the documenting of pertinent information covering a service
member’s most recent period of active military service.  There are no
provisions for documenting civilian employment, or periods of inactive
duty, subsequent to the active duty period covered by the form.

7.  Item 28 (Service Schools or Colleges, College Training Courses and/or
Post-Graduate Courses Successfully Completed) of the applicant’s DD Form
214 shows the applicant attended the Multi Engine Observation Aircraft
Maintenance Course from 10 February to 22 March 1962.

8.  United States Army Aviation School Form 1066-2 and Letter of
Commendation, both dated 23 March 1962, show the applicant successfully
completed the Single Rotor Observation Helicopter Maintenance Course
(675.1), Class 62-16 during the period 19 February to 23 March 1962.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant’s height as 68 inches.  The
applicant states that he is 5 feet, 8 inches.  Therefore, the applicant’s
DD Form 214 shows his correct height and does not require correction.

2.  There are no orders, or any other documentation, in the applicant’s
military personnel records that show his rank as staff sergeant. Therefore,
the applicant’s DD Form 214 shows his correct rank and does not require
correction.

3.  There are no provisions on the DD Form 214 to show civilian employment
subsequent to the applicant’s release from active duty.  Therefore, the
applicant is not entitled to correction of his DD Form 214 to show civilian
employment.

4.  It is apparent that a clerical error was made when entering the
applicant’s military schooling on his DD Form 214 dated 15 August 1962.
Evidence of record shows the applicant attended, and successfully
completed, the Single Rotor Observation Helicopter Maintenance Course, not
the Multi Engine Observation Aircraft Maintenance Course.  Therefore, he is
entitled to correction of his DD Form 214 to show the Single Rotor
Observation Helicopter Maintenance Course.

5.  There is no evidence that shows the applicant attended OV-1 Mohawk
maintenance training.  Therefore, he is not entitled to correction of his
records to show this course of instruction.

BOARD VOTE:

____GJW  ___PMS_  ___KAH_  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 correcting Item 28 of
his DD form 214 to show he attended the Single Rotor Observation Helicopter
Maintenance Course during the period 19 February to 23 March 1962, in place
of the Multi Engine Observation Aircraft Maintenance Course from 10
February to 22 March 1962.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends
denial of so much of the application that pertains to correction of his DD
Form 214 to show: that he is 5 feet, 8 inches tall; that he was separated
in the rank of staff sergeant; that he was a full time employee in the West
Virginia Army National Guard; and, that he attended a school at the Grumman
Airplane Factory in Bethpage, Long Island in 1961.




            ________Gail J. Wire __________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100746                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040810                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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