IN THE CASE OF:
BOARD DATE: 9 DECEMBER 2008
DOCKET NUMBER: AR20080014801
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, correction to his DD Form 214 (Report of Separation from the Armed Forces of the United States), Item 30 (Service Schools or Colleges, College Training, Courses and/or Post Graduate, Courses Successfully Completed), to show he completed the Leaders' Course and the Fifth Army Forty-Hour Discussion Leaders' Course, both in 1951.
2. The applicant states, in effect, his service schools and courses are not shown on his DD Form 214.
3. In support of his application, the applicant provides copies of his Leaders' Course Report of Graduation memorandum and Certificate of Training, his Fifth Army Forty-Hour Discussion Leaders' Course Certificate of Training, a commendation letter, his Honorable Discharge Certificate, and 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's military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants Army records were lost or destroyed in that fire. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's available records show that he was inducted into the Army of the United States, in pay grade E-1, on 29 November 1950.
4. The applicant submitted a copy of his commendation letter, dated 8 May 1951, wherein he was commended on his preparation and delivery of a class in supply economy.
5. The applicant also submitted copies of his Report of Graduation of Basic Class # 5, Leaders' Course memorandum and Certificate of Training that shows he received a superior rating and completed the eight weeks course on 18 May 1951. He further submitted a copy of his Fifth Army Forty-Hour Discussion Leaders' Course Certificate of Training that shows he completed the course on 8 June 1951.
6. The applicant was honorably released from active duty at the expiration of his term of service, in the rank of corporal, on 13 November 1952. He was transferred to the Enlisted Reserve Corps.
7. Entries on the applicant's DD Form 214, Item 30, contains the entry "None" in each column within Item 30.
8. Army Regulation 635-5, in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that Item 30 would list the service training course (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared. The entry would also include military sponsored courses completed in civilian schools and colleges.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed the eight weeks Leaders' Course on 18 May 1951 and the Fifth Army Forty-Hour Discussion Leaders' Course on 8 June 1951. These courses are not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214, Item 30, to show completion of Leaders' Course on 18 May 1951 and the Fifth Army Forty-Hour Discussion Leaders' Course on 8 June 1951.
2. In view of the foregoing, the applicants records should be corrected as recommended below.
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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicants DD Form 214, Item 30 to show the Leaders' Course,
26 March to 18 May 1951; and the Fifth Army Forty-Hour Discussion Leaders' Course, 4 Jun to 8 June 1951, and by providing him a corrected separation document that includes these corrections.
_______ _ X_______ ___
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) AR20080014801
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080014801
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