RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 September 2007
DOCKET NUMBER: AR20070006158
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 |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. Larry C. Bergquist | |Chairperson |
| |Ms. Marla J. Troup | |Member |
| |Ms. Ernestine I. Fields | |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 amended to add his military
education.
2. The applicant states, in effect, that the Combat Engineer “Demolition
Mine Warfare” course and the Combat Engineer “Bridge Building and
Noncommissioned Officer Academy” course are missing from his DD Form
214. He had problems with his ears after leaving the service. The problem
was not a great burden at the time. Now it has really gotten unbearable.
He needs to show exposure to blasts.
3. The applicant provides his DD Form 214.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file. In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.
2. The applicant was inducted into the Army on 6 December 1965. He
completed basic combat training. He was apparently awarded military
occupational specialty (MOS) 64A (Light Vehicle Driver) on 6 April 1966 as
a result of on-the-job training.
3. The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
assigned to the 2d Battalion, 78th Artillery, Germany on or about 16
September 1966 and performed duties as a light vehicle driver.
4. The applicant’s DA Form 20 shows he was reassigned to the 24th Engineer
Battalion, Germany on 11 October 1966 and performed duties as a combat
construction specialist. Item 27 (Military Education) of his DA Form 20
shows he
completed the 3-week Mine Warfare course in 1967. He was awarded primary
MOS 12B (Combat Engineer) on 9 February 1967.
5. On 15 November 1967, the applicant was honorably released from active
duty. Item 25 (Education and Training Completed) of his DD Form 214
contains the entry, “None.”
6. Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army. It establishes standardized policy for the
preparation of the DD Form 214. The version in effect at the time stated,
in pertinent part, that installation training courses, military
correspondence courses, and off-duty courses the enlisted person completed
successfully during the period covered by the DD Form 214 being prepared
would be entered in item 25.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant did not provide any
evidence to show he completed the “Bridge Building and Noncommissioned
Officer Academy” course; however, his DA Form 20 does show he completed a 3-
week “Mine Warfare” course in 1967. This entry should be added to item 25
of his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__lcb___ __mjt___ __eif___ 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. As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by adding the 3-week Mine Warfare course, completed
in 1967, to item 25 of his DD Form 214.
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
adding the “Bridge Building and Noncommissioned Officer Academy” course to
his DD Form 214.
__Larry C. Bergquist
CHAIRPERSON
INDEX
|CASE ID |AR20070006158 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070911 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |100.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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