IN THE CASE OF:
BOARD DATE: 7 July 2009
DOCKET NUMBER: AR20090004049
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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed the Winter Operations in Northern Areas course.
2. The applicant states that he completed the course and it is not reflected.
3. In support of his application, the applicant provides a copy of a completion certificate for the Winter Operations in Northern Areas 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 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 record shows he enlisted in the Regular Army, in pay grade E-1, on 21 February 1967, for 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty 11B, Light Weapons Infantryman.
3. The applicant submits a copy of his training certificate, dated 28 March 1969, issued upon his successful completion of the Winter Operations in Northern Areas course from 15 March to 28 March 1969.
4. The applicant was honorably released from active duty, in pay grade E-3, on 21 February 1970, at the expiration of his term of service and was transferred to the United States Army Reserve Control Group (Reinforcement).
5. Item 25 (Education and Training Completed) of the applicant's DD Form 214 does not list the Winter Operations in Northern Areas course.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that service schools courses and military sponsored courses in civilian schools successfully completed during the period covered by the DD Form 214 being prepared would be entered in Item 25.
DISCUSSION AND CONCLUSIONS:
1. The evidence submitted by the applicant shows he successfully completed the Winter Operations in Northern Areas training on 28 March 1969. The applicant's DD Form 214 should be amended to show in Item 25 he completed the Winter Operations in Northern Areas training.
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 adding to Item 25 of the applicant's DD Form 214 the entry "Winter Operations in Northern Areas" and providing the applicant a correction to his separation document that includes this correction.
_______ _ 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) AR20090004049
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