IN THE CASE OF:
BOARD DATE: 7 May 2009
DOCKET NUMBER: AR20080017872
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 his completion of the
40-week Clinical Specialist Course.
2. The applicant states, in effect, that he completed the 40-week course and wants his records to accurately reflect his military experience.
3. The applicant provides copies of his DD Form 214, DD Form 215 (Correction to DD Form 214), and his DA Form 20 (Enlisted Qualification Record).
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 Regular Army on 12 March 1968. He was initially trained in and awarded military occupational specialty (MOS) 91A (Medical Corpsman) and subsequently awarded MOS 91C (Clinical Specialist). He was honorably released from active duty on 8 March 1971 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 2 years, 11 months, and 27 days of creditable active service. The highest rank/grade he attained during his tenure of service was specialist five (SP5)/E-5.
3. Item 23a (Specialty Number and Title) of the applicant's DD Form 214 shows the entry "91C2O Clinical Spec[ialist]."
4. Item 25 (Education and Training Completed) of the applicant's DD Form 214 shows the entry "Medical Corpsman 10 Weeks."
5. Item 27 (Military Education) of the applicant's DA Form 20 shows the entry "91C2O [MOS Code], Ft Gordon [School], 40 [Weeks], and 69 [Year]."
6. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that from 19 August 1968 to 6 August 1969 he was assigned to the Student Detachment, U.S. Army Health Services Training Center (USAHSTC), Fort Gordon, GA in duty MOS "91C2O" with principal duty as "clinical specialist (student)."
7. Army Regulation 635-5 (Separation Documents) provides the guidance for completion of the DD Form 214. In pertinent, it states that the education and training block should be completed by listing formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214. The course title, length in weeks, and year completed are to be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that the 40-week clinical specialist course should be added to his DD Form 214.
2. Records show the applicant completed the subject course in 1969.
3. In view of the foregoing it would be appropriate to correct the applicant's records 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 adding to item 25 of the applicant's DD Form 214 the entry "CLINICAL SPECIALIST 40 WEEKS 1969."
__________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) AR20080017872
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