RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            30 November 2006
      DOCKET NUMBER:   AR20060004226


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 be corrected to reflect his
completion of an 8-week demolition school, an 8-week heavy equipment
operator course and completion of his high school general education
development (GED).

2.  The applicant states that he attended an 8-week demolition course in
Insbrook, Austria, an 8-week heavy equipment operator course at Fort
Leonard Wood, Missouri, and he completed his GED in Vietnam and never
received a certificate.  Additionally, these courses were omitted from his
DD Form 214 at the time of his release from active duty (REFRAD) and he
desires them to be added at this time.

3.  The applicant provides no additional documents with his records.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 December 1969.  The application submitted in this case was
received on 22 March 2006.

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 enlisted in Los Angeles, California on 20 January 1967
for a period of 3 years and training in engineer heavy equipment operations
and maintenance.  At the time he enlisted his contract indicated that he
had completed 10 years of civilian education.  He completed his basic
combat training at Fort Bliss, Texas and was transferred to Fort Leonard
Wood, Missouri, for his advanced individual training (AIT) in military
occupational specialty (MOS) 62E (Construction Machine Operator).

4.  He completed his AIT and was transferred to Germany on 26 June 1967 and
was assigned to an engineer company for duty as a pioneer and later as a
combat demolitions specialist.  The applicant’s records indicate that he
attended a 3-week explosions and demolitions course conducted by United
States Army Schools, Europe (USAREUR) in 1967.  He was advanced to the pay
grade of E-4 on 13 March 1968.

5.  The applicant volunteered for duty in Vietnam and on 7 November 1968,
he departed Germany for assignment to Vietnam.  He arrived in Vietnam on
20 December 1968 and was assigned to Company A, 864th Engineer Battalion,
for duty as a crawler tractor operator.  He was promoted to the pay grade
of E-5 on 20 February 1969.   There is no indication in the applicant’s
records which show that he participated in or completed his GED.

6.  He departed Vietnam on 19 December 1969 and was transferred to Fort
Lewis, Washington, where he was honorably REFRAD on 20 December 1969 as an
overseas returnee.  He had served 2 years, 11 months and 1 day of total
active service and his DD Form 214 issued at the time of his REFRAD shows
that he attended an 8-week construction machine operator’s course at Fort
Leonard Wood, Missouri and that his civilian education level was 11 years.
The applicant authenticated the form with his signature at the time of his
REFRAD.

DISCUSSION AND CONCLUSIONS:

1.   The 8-week construction machine operator’s course attended by the
applicant is properly annotated on his DD Form 214.  Accordingly, there is
no basis to add that entry again.

2.  The evidence of record shows that the applicant attended a 3-week
Explosions and Demolitions Course conducted in USAREUR in 1967.
Accordingly, that course should be added to his records at this time.

3.  However, the applicant’s records are void of any evidence to show that
he attended and or successfully completed his high school GED.  Therefore,
lacking evidence of his successful completion of the GED, there is no basis
to change his education level as requested.

4.   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 19 December 1972.  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:

________  ________  ________  GRANT FULL RELIEF

__WC___  ___AM __  ___DL __  GRANT PARTIAL 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 adding to item 25 of
his DD Form 214, his attendance at a 3-week Explosives and Demolitions
Course conducted by USAREUR in 1967.

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
changing his civilian education to reflect a GED and by again adding the 8-
week construction machine operators course that is already reflected on his
DD Form 214.




                                  ______William Crain______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004226                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19691220                                |
|DISCHARGE AUTHORITY     |AR 635-200, CH 5, SEC VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(partial GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |189/corr 214                            |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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