IN THE CASE OF:	  

		BOARD DATE:	        16 JUNE 2009

		DOCKET NUMBER:  AR20090001983 


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 his DD Form 214 (Report of Separation from Active Duty) to show he attained the highest physical training (PT) score in the 1st event; that he completed "Basic Platoon Leadership" training; that he was a graduate of the U.S. Army Signal Corps; and that he received the Soldier of the Month and the Best Dressed Soldier in Formation awards.

2.  The applicant states that this information was not added to his DD Form 214.  He points out that in September 1973 he was issued orders to report to South Korea and he would like a copy of these orders.  He goes on to state that he enlisted in the Army with the goal of retiring but his wife left him and his three children and he had to give up his great career in the Army to raise his children.     

3.  The applicant provides a copy of his DD Form 214, an excerpt on the 25th Infantry Division; a "cc" letter to the applicant from the Department of the Treasury, dated 20 May 1993; reassignment orders, Special Orders Number 99, dated 15 May 1973, and two military photographs 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 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 enlisted in the Regular Army (RA) on 14 July 1972 for a period of 3 years.  He successfully completed basic combat and advanced individual training (AIT) and was awarded military occupational specialty (MOS) 26L (tactical microwave systems repairman).  He served in Hawaii from 13 May 1973 through 5 September 1973.  On 18 April 1974, the applicant was honorably discharged by reason of physical disability with severance pay.  

3.  Item 27 (Remarks) on the applicant's DD Form 214 shows he completed the 
15-week tactical microwave systems operations and maintenance course in 1973.

4.  Item 27 (Military Education) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he completed the 15-week tactical microwave systems operations and maintenance course in 1973.  MOS 26L is a Signal Corps MOS.

5.  There is no evidence of record which shows the applicant completed the "Basic Platoon Leadership" course. 

6.  The available records do not contain any orders assigning the applicant to South Korea. 

7.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governs the preparation of the DD Form 214.  The regulation, in effect at the time, stated that formal in-service training courses successfully completed during this period of service (i.e., medical and dental, electronics, supply, administration, personnel, or heavy equipment operations) would be entered in item 27 on the DD Form 214.  There is no provision to show PT scores or Soldier of the Month and Best Dressed Soldier in Formation awards on the DD Form 214.





DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was issued orders to report to South Korea in September 1973 and his request for a copy of these orders were noted.  
However, there is no evidence of record to support this contention.  Therefore, there is no basis for granting the applicant's requested relief on this issue.   

2.  The applicant's contention that he enlisted in the Army with the goal of retiring but his wife left him and his three children and he had to give up his great career in the Army to raise his children was noted.  However, evidence of record shows he was honorably discharged by reason of physical disability with severance pay.       

3.  There is no provision to show PT scores or Soldier of the Month and Best Dressed Soldier in Formation awards on the DD Form 214.  Therefore, there is no basis for granting the applicant's requests to show these items on his DD Form 214. 

4.  Although the applicant contends that he completed the "Basic Platoon Leadership" course, there is no evidence of record to support this contention.  Therefore, there is insufficient evidence on which to amend his DD Form 214 to show he completed this course.

5.  The applicant's request to amend his DD Form 214 to show he was a graduate of the U.S. Army Signal Corps was noted.  However, completion of AIT in MOS 26L makes him a member of the Signal Corps.  Evidence of record shows he completed the 15-week tactical microwave systems and operations and maintenance course (i.e., AIT in MOS 26L) which is properly shown in item 27 on his DD Form 214.  Therefore, there is no basis for granting the applicant's request to show he was a graduate of the U.S. Army Signal Corps on his DD Form 214.   

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X_____  _____X__  ____X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20090001983



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ABCMR Record of Proceedings (cont)                                         AR20090001983



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