IN THE CASE OF:
BOARD DATE: 29 JULY 2008
DOCKET NUMBER: AR20080008446
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, in effect, that block number 25 (Education and Training Completed) on his Report of Transfer or Discharge (DD Form 214) be corrected to show that he completed the Chemical, Biological, Radiological (CBR) Operations and Defensive Measures course when he was in the Army.
2. The applicant states, in effect, that his DD Form 214 does not show that he attended and successfully completed the CBR course.
3. The applicant provides in support of his application, a copy of Special Orders Number 193 directing that he attend the Post CBR School, Class Number 3; a copy of a list of his former company's additional duty assignments, dated 7 February 1967; and a copy of 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 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 was inducted into the Army on 10 June 1965 in Omaha, Nebraska, and he successfully completed his training as a light weapons infantryman.
3. He was promoted to the pay grade of E-2 on 10 October 1965; and he was promoted to the pay grade of E-3 on 10 February 1966.
4. On 18 March 1966, the applicant was furnished a Certificate of Training by the Director, Pictorial Division, for successfully completing a 40-hour Audio-Visual Projectionist Course at Fort Ord, California.
5. On 27 September 1966, Special Orders Number 193 was published by the Adjutant at Headquarters, 2nd Brigade (AIT), Fort Ord, California, directing the applicant to attend Post CBR School, Class Number 3. 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. The certificate shows that the course was given at the Post CBR School, Fort Ord, California, during the period 10 October 1966 through 21 October 1966, which qualified him as a unit CBR noncommissioned officer, or specialist.
6. After completing 2 years of total active service, the applicant was honorably released from active duty (REFRAD) on 9 June 1967, at the expiration of his term of service. The DD Form 214 that he was furnished at the time of his REFRAD shows that the education and training that he completed consisted of Basic Training; Light Weapons Infantryman training; and Drill Sergeant School. 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.
7. Army Regulation 635-5 provides, in pertinent part, that only decorations, medals, badges, citations and campaigns ribbons will be entered on the DD Form 214. Certificates of Appreciation or Achievement are not authorized for entry. It further provides that only formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 will be listed and that those courses non-combat arms related that are 40 hours (1 week) or more in duration will be listed under military education.
DISCUSSION AND CONCLUSIONS:
1. An error was made during the preparation of the applicant's DD Form 214 which resulted in the omission of his CBR Operations and Defensive Measures training being reflected.
2. His records clearly show that he successfully completed an 80-hour course of instruction in CBR Operations and Defensive Measures and this information should have been included on his DD Form 214 at the time of his REFRAD. In accordance with the applicable regulation, he is entitled to have his training in CBR Operations and Defensive Measures reflected on his DD Form 214.
3. The applicant is also entitled to have his Audio-Visual Projectionist training included on his DD Form 214. This was a 40-hour course that was also inadvertently omitted from his DD Form 214 at the time of REFRAD.
4. In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending block number 24 on his DD Form 214 to show that he completed a course of instruction in CBR Operations and Defensive Measures and an
Audio-Visual Projectionists course.
___ XXX ___
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) AR20080008446
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080008446
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050017919C070206
The applicant requests, in effect, that Items 13b (Type of Certificate Issued), 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), 27 (Wounds Received as a Result of Action with Enemy Forces (Place and date, if known)), and 29 (Other Service Training Courses Successfully Completed), of his DD Form 214, Armed Forces of the United States, Report of Transfer or Discharge, be corrected. The applicant states, in effect, that at the time of his...
ARMY | BCMR | CY2011 | 20110019613
The applicant states, in effect: * His DOR is 9 September 1966, not 9 September 1967 * He was inducted on 25 or 26 May 1965, not 27 May 1966 * He was separated on 29 April 1969, not 6 April 1968 * Item 25 of his DD Form 214 should show he completed basic combat training (BCT) and advanced individual training (AIT) * He completed the 8-week Wireman course in 1965, not 1966 * Item 25 of his DD Form 214 should show he completed the 8-week Switchboard Course, 2-week Film Projection School, and...
ARMY | BCMR | CY2001 | 2001059194C070421
The applicant states that item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) should be corrected to show that he completed the Signal Analysis Course, Class 4-62 and 3 semester hours in German, item 29 (Other Service Training Course Successfully Completed) to show that he completed the Projectionist Training Course, item 25a (Specialty Number and Title) to show his Secondary Specialty Number as “059.14 Telephone Intercept...
ARMY | BCMR | CY2014 | 20140010754
The regulation in effect at the time stated for the block 25 entry (Education and Training) enter all service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. Only the MOS training for Clerk and Audio Specialist are listed on the DA Form 20 and none of this training is included in block 25 on his DD Form 214. It would be appropriate to include these...
ARMY | BCMR | CY2014 | 20140000961
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the Distinguished Service Medal; and b. completion of the service schools and special courses shown in item 16 (Civilian Education and Military Schooling) of his DA Form 66 (Officer Qualification Record). Army Regulation 600-8-22 (Military Awards) states the Distinguished Service Medal is awarded to any person who, while serving in any capacity with the U.S. Army,...
ARMY | BCMR | CY2011 | 20110009643
The applicant requests, in effect, that all of his individual and unit awards be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). After serving in four campaigns, on 31 March 1969 he departed Vietnam for assignment to Fort Gordon, Georgia where he remained until he was transferred to Thailand on 5 May 1970 for duty with the 93d Psyop Detachment. As a result, the Board recommends that all Department of the Army records of the individual concerned...
ARMY | BCMR | CY2010 | 20100012300
He also requests, in effect, his service in Santo Domingo, Dominican Republic be shown on his DD Form 214 and item 29 (Other Service Training Courses Successfully Completed) on his DD Form 214 be corrected to show he completed infantry training. Orders, dated 23 July 1964, show the applicant was assigned to Fort Ord, California for basic combat training. As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart or amending his DD Form...
ARMY | BCMR | CY2003 | 2003085998C070212
The applicant states, in effect, that he was awarded two awards of the BSM and only one is reflected on his DD Form 214. Although the applicant was awarded the AM, the available records do not indicate how many missions or combat flight hours he participated in. Accordingly, his records should be corrected to reflect those awards.
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 | CY2014 | 20140018569
The applicant states his records do not show the correct spelling of his last name, his assignment to a headquarters while in the RVN, or his training as a diesel mechanic and a projectionist. His DD Form 214, as subsequently corrected by DD Form 215 (Correction to DD Form 214), shows: * His last name spelled with two "Ls" * His training in code of conduct, military justice, and as a light vehicle driver 6. The evidence of record shows that a DD Form 215 was issued to correct the...