RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 July 2007
DOCKET NUMBER: AR20070001585
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.
Ms. Catherine C. Mitrano
Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. John N. Slone
Chairperson
Mr. David K. Haasenritter
Member
Mr. William Blakely
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 military records to show completion of the Leaders' Course and graduation from the Chemical, Biological, and Radiological (CBR) Warfare School.
2. The applicant states that he completed this training and wants his military records corrected. He further states that his Report of Separation from the Armed Forces of the United States (DD Form 214) is his most important document and it must be accurate and complete.
3. The applicant provides a copy of his DD Form 214, Honorable Discharge Certificate, a school completion certificate, and a photograph with a note referencing his graduation from the CBR Warfare School in Japan.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice which occurred on 5 January 1955, the date of his release from active duty. The application submitted in this case is dated 25 January 2007.
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 applicants failure to timely file.
3. The applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
4. The applicants DD Form 214 shows that on 23 January 1953, he was inducted into the Army of the United States. He attained the rank of corporal and had completed 1 year, 11 months and 13 days of creditable active duty. This service included 1 year, 2 months and 10 days of overseas duty. He was released from active duty on 5 January 1955.
5. Item 31 (Service Training Courses Successfully Completed) of the applicants DD Form 214, indicates that he did not complete any training.
6. The training certificate provided by the applicant indicates that on
19 September 1953, he had successfully completed the Leaders' Course given at Fort Dix, New Jersey. The certificate is signed by an infantry colonel.
7. The photograph provided by the applicant purports to show a former Japanese Naval Academy located in Eta Jima, Japan. The note on its reverse indicates that the applicant had attended and graduated from the CBR Warfare School at this location in the fall of 1953.
8. Special Regulations 615-360-1 (Enlisted Personnel, Discharge Procedures and Preparation of Separation Forms), in effect at the time, provided, in pertinent part, for the completion of the DD Form 214. Item 31 of this form was to include installation training courses, military correspondence courses, and off-duty courses that had been successfully completed. It did not specify any minimum course lengths or require dates of attendance.
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant showing his successful completion of the Leaders' Course is sufficiently convincing. Therefore, his records should be corrected to show this training.
2. However, the photograph with notation, provided by the applicant, is not sufficiently convincing by itself to show that he successfully completed the CBR Warfare School. There is no available corroborating evidence. In the absence of such evidence, there is an insufficient basis for granting the applicants request.
3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 January 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
4 January 1958. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence or argument, it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__JNS __ __DKH __ __WB __ 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 showing in Item 31 of his DD Form 214, that he completed the Leaders' Course.
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 completion of the CBR Warfare School.
____ John N. Slone __
CHAIRPERSON
INDEX
CASE ID
AR20070001585
SUFFIX
RECON
DATE BOARDED
20070718
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
100.0700
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3.
4.
5.
6.
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