IN THE CASE OF:
BOARD DATE: 17 June 2008
DOCKET NUMBER: AR20080002859
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (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) with the period ending 4 April 1967 be corrected to show the correct period he served on active duty.
2. The applicant states, in effect, that his DD Form 214 does not reflect his basic training while he was on active duty at Fort Ord, California (CA), in November 1966 or December 1966.
3. The applicant provides no additional documentation in support of this case.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Army National Guard (ARNG) on 11 January 1966 for a 6-year term of service.
3. State of California Military Department Letter Orders Number Active Duty Training 404, dated 21 November 1966, show that the applicant was ordered to active duty (basic training) and attached to the U.S. Army Training Center, Infantry at Fort Ord, CA, with a reporting date of 5 December 1966.
4. Headquarters, United States Army Transportation Center and Fort Eustis Special Orders Number 65, dated 22 March 1967, show that the applicant was released from active duty for training on 4 April 1967 after completing advanced individual training (AIT).
5. The applicant's DD Form 214 with the period ending 4 April 1967 shows he was released from active duty. Item 22b (Total Active Service) shows 4 months. Item 23a (Specialty Number and Title) shows the entry "71N20 Movements Specialist."
DISCUSSION AND CONCLUSIONS:
The applicant contends that his DD Form 214 does not reflect his basic training while he was on active duty at Fort Ord, CA. However, evidence of record shows that the applicant was ordered to active duty on 5 December 1966 for basic training at Fort Ord, CA and that he was released from active duty training from Fort Eustis, VA after completing AIT on 4 April 1967. Therefore, his DD Form 214 with the period ending 4 April 1967 that shows 4 months active duty appears to be correct.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___XX __ __XX ___ ___XX __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
___ XXXXXXXX ____
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002859
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080002859
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140005916
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. As a result, the Board recommends the DD Form 214 be amended to delete the entry showing training completed at Fort Polk, and show the following training completed: * Basic Combat Training, US Army Training Center, Infantry, Fort Ord,...
ARMY | BCMR | CY2013 | 20130003417
Army Regulation 672-5-1 (Awards and Decorations), in effect at the time, provided that the AGCM was awarded to individuals who completed a qualifying period of active duty enlisted service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the AGCM (1st Award) for the period 6 June 1967 through 25 January 1969; b. deleting from his DD Form 214 in: * item 23a the entry "052P Radio Operator" * item 25 the...
ARMY | BCMR | CY2008 | 20080013799
The applicant states that he was authorized to wear the Basic Aviation Badge following completion of his advanced individual training (AIT) and he wore the badge for 4 years. A review of the applicant's official records fails to show that the applicant was awarded the Basic Aviation Badge. Although there are no orders in the available records to document the applicant's award of the Basic Aviation Badge, the applicant completed his formal AIT in MOS 68J in 1987.
ARMY | BCMR | CY2008 | 20080008446
The applicant states, in effect, that his DD Form 214 does not show that he attended and successfully completed the CBR course. His records show that he was furnished a Certificate of Training after he successfully completed an 80-hour course of instruction in CBR Operations and Defensive Measures. However his DD Form 214 does not show that he completed a CBR Operations and Defensive Measures course or an Audio-Visual Projectionist course while he was in the Army.
ARMY | BCMR | CY2006 | 20060007828C070205
The applicant states that the Purple Heart is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, there is insufficient evidence on which to base correction of his records to show award of the Purple Heart. Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.
ARMY | BCMR | CY2014 | 20140017130
The applicant states his service record shows he had a duty military occupational specialty (MOS) 11B as of 8 November 1966 after completing Infantry advanced individual training (AIT) at Fort Ord, CA. The applicant provides: * a list of units participating in defense of Tan Son Nhut Airbase during the 1968 Tet Offensive * Army Board for Correction of Military Records (ABCMR) Docket AR20130012238, dated 13 March 2014 * an excerpt from Army Regulation 600-8-22 (Military Awards) CONSIDERATION...
ARMY | BCMR | CY2003 | 2003089873C070403
IN THE CASE OF: BOARD DATE: 04 DECEMBER 2003 DOCKET NUMBER: AR2003089873 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. The applicant requests that his MOS (Military Occupational Specialty) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a truck driver.
ARMY | BCMR | CY2006 | 20060001592C070205
He completed his basic combat training at Fort Jackson, South Carolina, and was transferred to Fort Gordon, Georgia, to undergo his advanced individual training (AIT) as a Radio Relay Carrier Attendant in MOS 31M10. He was awarded MOS 31M upon completion of his AIT, served in Vietnam as a 31M, and returned to the United States for assignment, after which he reenlisted for a period of 6 years in MOS 31M for a VRB. As a result, the Board further determined that there is no evidence provided...
ARMY | BCMR | CY2008 | 20080014804
Therefore, in the absence of evidence to show that he was awarded or was eligible for a combat award that he should have received for his service in Vietnam, there appears to be no basis to grant his request. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. Therefore, the Board determined that the overall merits of this case are insufficient as a...
ARMY | BCMR | CY2008 | 20080018411
Application for correction of military records (with supporting documents provided, if any). On 24 September 1966, nonjudicial punishment (NJP) was imposed against the applicant for his failure to prepare for guard duty. Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.