IN THE CASE OF:	  

		BOARD DATE:	  26 March 2009

		DOCKET NUMBER:  AR20080017230 


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 of item 30 (Service Schools or Colleges, College Training and/or Post-Grad, Courses Successfully Completed) of his 1 July 1953 DD Form 214 (Report of Separation from the Armed Forces of the United States).

2.  The applicant states, in effect, that his DD Form 214 does not include all the courses he completed, specifically a leadership course at Fort Knox, Kentucky, and combat intelligence and escape and evasion courses he completed in Korea.

3.  The applicant provides the DD Form 214 in question and training certificates for a combat intelligence course and leadership course.

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's military record is not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using reconstructed records, which primarily consist of the applicant's DD Form 214 and other documents submitted by the applicant.

3.  The applicant's DD Form 214 shows he was inducted into the Army of the United States (AUS) and entered active duty on 9 August 1951 and that he served in military occupational specialty 1733 (Armor).

4.  The applicant's NPRC file is void of any training certificates or other documents related to course completion.

5.  On 1 July 1953, the applicant was honorably released from active duty in the rank of sergeant first class after completing 1 year, 10 months, and 23 days of active military service.  Item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he earned the Korean Service Medal with 2 bronze service stars and the United Nations Service Medal during his active duty tenure.

6.  Item 30 of the applicant's DD Form 214 contains an entry confirming he completed the 3rd Armored Division 8-week Leader Course in 1952.  No other courses are entered in item 30.

7.  The applicant provides a Certificate of Training, dated 15 August 1952, which shows he satisfactorily completed a Combat Intelligence Course at Kapyong, Korea, in July and August 1952 and a certificate that shows he satisfactorily completed The Leaders' Course on 21 February 1952 at Fort Knox, Kentucky.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge indicated that all military training and qualification courses and all off-duty courses completed during period covered by the DD Form 214 would be entered in item 30 for enlisted personnel.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that all military training courses he completed while on active duty were not included in item 30 of his DD Form 214 was carefully considered and found to have merit.

2.  The governing regulation in effect at the time of the applicant's discharge provided for entering all military training and qualification courses in item 30 for enlisted personnel.

3.  The applicant provides certificates that confirm he satisfactorily completed a combat intelligence course at Kapyong, Korea, in July and August 1952 and that he completed a leadership course at Fort Knox, Kentucky, on 15 August 1952.  The combat intelligence course identified in the certificate provided by the applicant was not included in item 30 of his DD Form 214 and as a result, it would be appropriate to add it at this time.

4.  However, item 30 already documents a leadership course he completed at Fort Knox in 1952, which appears to be the same course identified in the certificate he provides for this training.  Further, he fails to provide a training certificate for the escape and evasion course he claims to have completed in Korea and there are no documents in the NPRC verifying his completion of this course.  Therefore, there is an insufficient evidentiary basis to support adding an additional leadership course entry or an escape and evasion course entry to item 30 of his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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 amending item 30 of his 1 July 1953 DD Form 214 by adding the entry "Combat Intelligence Course, 8 weeks, Korea, 1952" and by providing him a correction to his separation document that includes this change.

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 an escape and evasion course and an additional leadership course to item 30 of his DD Form 214.



      _________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)                                         AR20080017230



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ABCMR Record of Proceedings (cont)                                         AR20080017230



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