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ARMY | BCMR | CY2005 | 20050001092C070206
Original file (20050001092C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050001092


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Larry Olson                   |     |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 correction of his records to show he completed
an unspecified training course.

2.  The applicant states that the training he received prior to being
transferred to Battery A, 6th Battalion, 33rd Artillery is omitted from his
records.  The information regarding this training could be crucial for
completion of a Department of Veterans Affairs claim.

3.  The applicant provides a Certificate of Training with accompanying
letter and his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 July 1968.  The application submitted in this case is dated
12 December 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 applicant was inducted into the Army on 2 August 1966.  He
completed basic combat training and advanced individual training in
military occupational specialty 13A (Field Artillery, Basic).

4.  The applicant's Certificate of Training dated 14 April 1967 shows he
completed the Unit Chemical, Biological and Radiological (CBR) Course at
Fort Benning, Georgia on 14 April 1967.

5.  The applicant was honorably released from active duty on 27 July 1968.
His DD Form 214 does not list any training courses in item 25 (Education
and Training Completed).

6.  Army Regulation 635-5 (Separation Documents), in effect at the time,
prescribed the separation documents prepared for Soldiers upon retirement,
discharge, or release from active military service or control of the Army.
It established standardized policy for the preparation of the DD Form 214.
In pertinent part it stated that installation training courses
(qualifications courses), military correspondence courses, and off-duty
courses the enlisted person had completed successfully during the period
covered by the DD Form 214 will be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a Certificate of Training, which shows he
successfully completed the Unit CBR Course in April 1967.  Therefore, this
course should be added to his DD Form 214.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 26 July 1971.  The applicant did not file within the 3-year
statute of limitations; however, based on the available evidence it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

WP______  JM______  LO______  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 amending item 25 on his DD Form 214 to
show the entry "Unit CBR Course, Fort Benning, Georgia, 1967."




                            William Powers________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001092                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |100.0700                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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