RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 February 2007
	DOCKET NUMBER:  AR20060007552 


	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.


x
	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 military occupational specialty (MOS) 35F2O (Nuclear Weapons Electronic Specialist) be added to his DD Form 214 (Report of Separation from Active Duty).  He also requests that the United States Military Academy Preparatory School (USMAPS) be added to his DD Form 214.

2.  The applicant states that item 18b (Prior Active Service) on his DD Form 214 does not indicate his training in MOS 35F2O at Redstone Arsenal, Alabama or his training in the USMAPS at Fort Belvoir, Virginia.

3.  The applicant provides a copy of his DD Form 214 for the period ending 14 August 1974; his DD Form 4 (Enlistment Contract); his DA Form 20 (Enlisted Qualification Record); a letter from the National Personnel Records Center, dated 19 January 2006; his certificate from the U.S. Army Missile and Munitions School; and his certificate from the USMAPS.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 14 August 1974.  The application submitted in this case is dated 10 February 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 the U.S. Army Reserve on 26 August 1971 under the delayed entry program.  He enlisted in the Regular Army on 28 October 1971.  He completed basic combat training at Fort Dix, New Jersey and was reassigned to Redstone Arsenal, Alabama for advanced individual training in MOS 35F2O.

4.  The applicant’s certificate from the U.S. Army Missile and Munitions Center and School, Redstone Arsenal, Alabama shows he completed 19 weeks of training in the Army Nuclear Weapons Electronics Specialist Course, 140-35F2O.

5.  The applicant’s DA Form 20 shows he was awarded primary MOS 35F2O on 1 August 1972.
6.  The applicant completed training at the USMAPS, Fort Belvoir, Virginia on 23 May 1973.

7.  The applicant was released from active duty on 1 July 1973.  A DD Form 214 for the period covering his service from 28 October 1971 through 1 July 1973 is not available.

8.  On 2 July 1973, the applicant was assigned as a cadet at the U.S. Military Academy (USMA) in West Point, New York.

9.  He was honorably released from active duty on 14 August 1974.  

10.  His DD Form 214 for the period ending 14 August 1974 shows the entry “NA” in item 16a (Primary Specialty Number and Title).

11.  Item 18a (Net Active Service This Period) on his DD Form 214 for the period ending 14 August 1974 shows he completed 1 year, 1 month, and 13 days of service during this period.

12.  Item 18b on his DD Form 214 for the period ending 14 August 1974 shows he completed 1 year, 8 months, and 4 days of prior active service.

13.  Item 27 (Remarks) on his DD Form 214 for the period ending 14 August 1974 does not indicate he completed training in MOS 35F2O at Redstone Arsenal, Alabama or training in the USMAPS at Fort Belvoir, Virginia.  

14.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  In the version in effect at the time, it directed that the MOS code, title, and date of award would be entered in item 16a on the DD Form 214.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, states that item 27 (Remarks) would list formal in-service training courses successfully completed during the period of service covered by the DD Form 214.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served on active duty from 28 October 1971 through 1 July 1973.  During this period, he completed advanced individual training and was awarded MOS 35F2O, and he completed training at the USMAPS at Fort Belvoir, Virginia in May 1973.  However, his DD Form 214 for this period is not available.

2.  The applicant served as a cadet at the USMA from 2 July 1973 through 14 August 1974 and was issued a DD Form 214 for this period of service.  

3.  It would be appropriate to amend his DD Form 214 for the period ending 14 August 1974 to show the entry “35F20 Nuclear Weapons Electronic Specialist, 1 August 1972” in item 27, as an exception to policy.

4.  It would be appropriate to amend his DD Form 214 for the period ending
14 August 1974 to show the entry “USAMAPS, Fort Belvoir, Virginia, 23 May 1973” in Item 27, as an exception to policy.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 August 1974; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 August 1977.  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:

x______ x_____ x______  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, as an exception to policy, that the DD Form 214 for the period ending 14 August 1974 of the individual concerned be corrected by:

a.  adding the entry “35F20 Nuclear Weapons Electronic Specialist, 1 August 1972” to item 27; and

b.  adding the entry “USMAPS, Fort Belvoir, Virginia, 23 May 1973” to item 27.



x_______
          CHAIRPERSON




INDEX

CASE ID
AR20060007552
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070208
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. Chun
ISSUES         1.
100.0500
2.
100.0700
3.

4.

5.

6.