IN THE CASE OF:
BOARD DATE: 14 OCTOBER 2009
DOCKET NUMBER: AR20090008805
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, that his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 May 1956, be corrected by adding a cooking course he completed to item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad, Courses Successfully Completed).
2. The applicant states a service school is missing from his DD Form 214.
3. The applicant provides his DD Form 214, an honorable discharge (HD) certificate, and a cooking course certificate 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, and 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. After having had prior service, the applicant enlisted in the Regular Army on 8 May 1953. He was trained in, awarded, and served in military occupational specialty (MOS) 141.10 (Cook).
3. On 7 May 1956, the applicant was honorably released from active duty (REFRAD), in the rank of specialist 3 (SP3). The DD Form 214 he was issued at the time confirms he completed a total of 3 years, 3 months, and 29 days of active military service. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Parachutist Badge, and Army Good Conduct Medal. Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) shows he attended and successfully completed the Basic Airborne Course at the Infantry Center from
14 August through 4 September 1953 and the Cook Course at the Quartermaster School from 1 July through 8 September 1955.
4. The applicant provides a course completion certificate which was issued by the Third Army Area Food Service School, Fort Benning, Georgia, which shows he completed a cooking course (10-E-18-FY 55-19) on 14 January 1955.
5. 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:
The applicant's contention that his completion of a cooking course on 14 January 1955 should be added to item 30 was carefully considered and found to have merit. The governing regulation in effect at the time of the applicant's REFRAD provided for entering all military training and qualification courses in item 30 for enlisted personnel. The applicant provides a certificate that confirms he satisfactorily completed a cooking course at Fort Benning, Georgia on 14 January 1955. As a result, it would be appropriate to add this course to item 30 of his DD Form 214 at this time.
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
amending item 30 of his 7 May 1956 DD Form 214 by adding the entry
"Third Army Area Food Service School, Fort Benning, Georgia - 14 January 1955 - Cooking Course (10-E-18)" and by providing him a correction to his DD Form 214 that includes this change.
_______ _ _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.
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