IN THE CASE OF:
BOARD DATE: 18 February 2009
DOCKET NUMBER: AR20080016965
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed the 37-week Burmese Language course at the Foreign Language Center of the Defense Language Institute (DLI), Presidio of Monterey, California (CA), instead of the U.S. Army Intelligence School (USAINTS), Fort Holabird, Maryland (MD).
2. The applicant states that his DD Form 214 incorrectly lists the location of his language training as USAINTS, MD, instead of DLI, CA.
3. The applicant provides copies of his DD Form 214, dated 15 May 1968; a copy of a certificate, dated 25 June 1965, showing completion of the Burmese Language course, at the Foreign Language Center, DLI, CA; and a copy of his DLI official transcripts, dated 11 December 1979, in support of his application.
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 records show he enlisted in the Regular Army for a period of 4 years on 15 June 1964. He completed basic combat training at Fort Jackson, South Carolina, on 17 September 1964, and proceeded to DLI-Presidio of Monterey, CA, on 18 September 1964. He subsequently completed the 37-week Burmese Language course on 25 June 1965 and was awarded military occupational specialty (MOS) 04B (Interpreter).
3. The applicant's records further show he completed various assignments within and outside of the continental United States and was honorably separated and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 15 May 1968.
4. Item 25 (Education and Training Completed) of the applicants DD Form 214 shows the entry "USAINTS, Fort Holabird, MD, 37 Weeks, Language."
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty. For enlisted Soldiers, Item 25 of the version in effect at the time, showed 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the location of his foreign language training is incorrectly shown on his DD Form 214.
2. The evidence of record shows the applicant completed the 37-week Burmese Language course at the Foreign Language Center, DLI-Presidio of Monterey, CA from 18 September 1964 to 25 June 1965. Therefore, he is entitled to correction of his DD Form 214 to show the correct location of his language training.
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:
a. deleting the entry USAINTS, Fort Holabird, Maryland, 37-Weeks, Language from Item 25 of the applicants DD Form 214, dated 15 May 1968; and
b. adding the entry Foreign Language Center, DLI-Presidio of Monterey, CA, 37-Weeks, Language to Item 25 of his DD Form 214.
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) AR20080016965
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ABCMR Record of Proceedings (cont) AR20080016965
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