IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100014363 


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 is DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the date of entry as 
28 June 1957 and to show he completed the Noncommissioned Officer (NCO) Academy.

2.  The applicant states his enlistment contract shows he entered active duty on 28 June 1957.  He contends that he completed the NCO Academy on 28 July 1961.

3.  The applicant provides a DD Forms 214, DD Form 215 (Correction to 
DD Form 214), NCO Academy Certificate, DA Form 24 (Service Record), DD Form 4 (Enlistment Record), and a 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 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 DD Form 4 shows he enlisted in the Regular Army on 28 June 1957 for three years.  He completed initial entry training and was awarded military occupational specialty 111.60 (Light Weapons Infantryman).

3.  Headquarters, 1st Armored Rifle Battalion, 54th Infantry General Orders Number 7, dated 8 February 1960, awarded him the Army Good Conduct Medal for the period 28 June 1957 through 8 February 1960.

4.  On 21 March 1960, he was discharged for the purpose on immediate reenlistment.  Item 19c (Date of Entry) of his DD Form 214 for the period ending 21 March 1960 shows he entered active duty on 28 June 1958.  Item 24a(1) (Net Active Service this Period) shows he completed 2 years, 8 months, and 24 days on this period of service.

5.  On 22 March 1960, he reenlisted for 3 years.  Item 32 (Prior Service) of the DD Form 4 shows the entry "Date and Term of Last Enlistment:  28 June 1957 for period of three years."

6.  Headquarters, U.S. Army Armor Center (USAARMC), Fort Knox, KY, Special Orders Number 126, dated 22 June 1961, directed his attendance to the USAARMC NCO Academy with a reporting dated of 30 June 1961 and a closing date of 28 July 1961.

7.  He provided a USAARMC NCO Academy Certificate of Graduation that shows he completed the course on 28 July 1961.  He also provided a DD Form 215 that shows his DD Form 214 for the period ending 21 March 1963 to reflect the National Defense Service Medal.

8.  On 21 March 1963, he was released from active duty and transferred to the U.S. Army Reserve.  Item 28 (Service Schools or Colleges) of his DD Form 214 for this period of service shows he attended the Airborne School from 4 October 1962 to 25 October 1962 and completed the Basic Airborne Course.

9.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

10.  Army Regulation 635-5, in effect at the time, provided that for item 28, enter service schools, including dates and major courses which were successfully completed.  This entry also includes military-sponsored courses completed in civilian schools and colleges during period covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he entered active duty on 28 June 1957 and to show he completed the NCO Academy has been carefully reviewed.

2.  His DD Form 4 clearly shows he enlisted in the Regular Army on 28 June 1957.  In addition, he was awarded the Army Good Conduct Medal for the period beginning 28 June 1957.  It is evident that an error was made in the preparation of his DD Form 214 in that it shows he entered active duty in June 1958 and not June 1957.  Therefore, it would be appropriate to correct item 19c of his DD Form 214 for the period ending 21 March 1960 to show a date of entry of 
28 June 1957.

3.  Evidence confirms he attended and completed the NCO Academy during the period 3 July - 28 July 1961.  The regulation in effect at the time required that service schools, including dates and major courses which were completed during the period covered by the DD Form 214 would be entered in item 28.  Therefore, it would also be appropriate to amend item 28 of his DD Form 214 for the period ending 21 March 1963 to show he attended the U.S. Army Armored Center Noncommissioned Officer Academy during the period 3 July -  28 July 1961.

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 19c of his DD Form 214 for the period ending 21 March 1960 to show date of entry as 28 June 1957 and amending item 28 of his DD Form 214 for the period ending 21 March 1963 to show he attended the U.S. Army Armored Center Noncommissioned Officer Academy during the period 
3 July - 28 July 1961.




      _______ _   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)                                         AR20100014363



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ABCMR Record of Proceedings (cont)                                         AR20100014363



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