IN THE CASE OF:	  

		BOARD DATE:	  21 December 2010

		DOCKET NUMBER:  AR20100016078 


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 the following:

	a.  correction of section IV (Other Background Data) and Section V (Certification) of his DD Form 1966 (Record of Military Processing) to show his father's correct name and the applicant's correct date of birth;

	b.  correction of item 17 (Civilian Education and Military Schools) of his DA Form 2-1 (Personnel Qualification Record) to show the Jungle Operations Training course and item 35 (Record of Assignments) to show his principal duty from 6 March 1979 through 13 October 1980 as company clerk; and 

	c.  correction of a DA Form 2627-1 (Record of Proceedings Under Article 15, UCMJ), dated 4 May 1981, to show the correct dates and times of his unauthorized absence from duty.

2.  The applicant states the specified entries on these forms are wrong.  He contends that he was unofficially serving as a company clerk while in Korea and he was absent only for 4 hours on 15 April 1981.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty), two pages of his DA Form 2-1, a DD Form 1966, his Birth Certificate, a Jungle Operations Training Certificate, and a DA Form 2627-1.

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 complete military records are not available for review.  The Board requested his records from the repository in St. Louis, Missouri, but without success.  This case is being considered using the documents provided by him.

3.  His DD Form 214 shows he entered active duty on 15 November 1978 and was awarded military occupational specialty 11B (Infantryman).  

4.  He provides a Birth Certificate that shows his date of birth and his father's name as he now claims are correct.

5.  The copy of the DD Form 1966 he provided shows his date of birth and his father's name as he now claims are incorrect.  He authenticated this document with his signature on 14 November 1978.

6.  He also provided a Jungle Operations Training Certificate that indicates he completed this training on 28 May 1982 and a DA Form 2627-1 that shows he was absent from his place of duty from on or about 1820 hours on 15 April 1981 to on or about 1000 hrs on 16 April 1981.

7.  He was released from active duty on 19 November 1982.  Item 5 (Date of Birth) of his DD Form 214 shows the date he claims is correct.  Item 14 (Military Education) does not show Jungle Operations Training.

8.  Army Regulation 600-8-104 prescribes instructions for preparing and maintaining the DA Form 2-1.  It states that the DA Form 2-1 is the basic record 

for enlisted personnel and will be prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation in effect at the time provided that for item 14, list in–service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DA Form 2-1 and DD Form 1966 should be corrected has been carefully considered. 

2.  It cannot be determined 28 years after the fact what his principal duties were in any particular assignment.  Additionally, the DA Form 2-1 was prepared and maintained for Active Army and U. S. Army Reserve enlisted personnel.  As the applicant no longer has a military status, the Board is reluctant to recommend that any changes be made to his DA Form 2-1, which includes adding the Jungle Operations Training.  The DD Form 214 is the document used to record the military history of a separated individual.

3.  The governing regulation at the time provided that training courses for combat skills would not be entered in item 14 of the DD Form 214.  Jungle Operations Training is a combat skills training course; therefore, this training should not be added to his DD Form 214.

4.  In reference to the entries in the DD Form 1966, it cannot be determined at this late date what documents he provided to his recruiter as verification for his date of birth and his father's name.  Additionally, since he no longer has a military status, correcting this form will serve no useful purpose.  

5.  In reference to the DA Form 2627-1, the applicant has not provided any documentary evidence to support his claim that the dates are incorrect.  

6.  In view of the foregoing, the applicant's request should be denied.


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.




      _________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)                                         AR20100016078



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ABCMR Record of Proceedings (cont)                                         AR20100016078



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