BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100019894
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 Item 31 (Service Training Successfully Completed) of his DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. He states Item 31 states None and he completed a 13 week course for Morse Code and received a certificate/diploma.
3. He provides his DD Form 214.
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 records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and documentation submitted by him for the Board to conduct a fair and impartial review of this case.
3. His available military records show he was inducted into the Army of the United States on 18 December 1953. He completed training and was awarded military occupational specialty 050, Carpenter (General).
4. He was honorably released from active duty on 1 December 1955.
5. Item 30 (Service Schools or Colleges, College Training Courses and/or Post Grad Courses Successfully Completed) of his DD Form 214 shows he completed 13 weeks of the Radio Communication course in 1954. Item 31 of this DD Form 214 contains the entry, None.
6. Army Regulation 635-5, then in effect, governed the preparation of the DD Form 214. It stated Item 30 would list the service training course (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared. The entry would also include military sponsored courses completed in civilian schools and colleges.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed the 13 week Radio Communication Course in 1954. He was issued a DD Form 214 annotating this course in Item 31. He has submitted no evidence and there is no available evidence to show he also completed a 13 week Morse Code course during his period of active duty service. Without evidence, he is not entitled to correction to Item 31 of his DD Form 214 to show he completed that course.
2. In view of the foregoing, there is no basis for granting his request.
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) AR20100019894
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ABCMR Record of Proceedings (cont) AR20100019894
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