IN THE CASE OF:
BOARD DATE: 23 August 2011
DOCKET NUMBER: AR20110002175
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 his 13 January 1971 DD Form 214 (Report of Transfer or Discharge) to show his date of entry was 17 January 1968, that he completed a 5-week "Wrecker School," and held a cryptographic clearance.
2. The applicant states there should be an entry in item 25 (Education and Training Completed) of his DD Form 214 for a 5-week "Wrecker School" course he completed in Germany and a cryptographic clearance. Also, the entry in item 17c (Date of Entry) was written in ink and should be typed to read "01/17/1968."
3. The applicant provides a copy of 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 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 military records are severely limited. However, there is sufficient information available to render a full and impartial review.
3. The applicant was discharged from the Army of the United States (AUS) [indicating he had been drafted into service] and subsequently enlisted in the Regular Army on 23 January 1968. His DD Form 4 (Enlistment Record Armed Forces of the United States) shows he had 6 days of AUS service from
17-22 January 1968 and he had been issued a DD Form 214.
4. His DA Form 20 (Enlisted Qualification Records) does not show any training for a "Wrecker School" or a cryptographic clearance. There are no orders or any other documentation in his records to substantiate either of those items.
5. The applicant was separated with an honorable characterization of service on 13 January 1971. Item 17c of his DD Form 214 reflects his date of entry as 23 January 1968.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends there should be an entry in item 25 of his DD Form 214 for a 5-week "Wrecker School" course he completed in Germany and a cryptographic clearance. Also, the entry in item 17c was written in ink and should be typed to read 17 January 1968.
2. Item 17c of the applicant's 13 January 1971 DD Form 214 correctly shows his date of entry for that period of service as 23 January 1968 with 6 days of other service accounting for his AUS service.
3. There is no available evidence to substantiate an entry pertaining to either "Wrecker School" or a cryptograph clearance on the subject DD Form 214.
4. In view of the foregoing there is no basis for granting the applicant's requested relief.
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 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) AR20110002175
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ABCMR Record of Proceedings (cont) AR20110002175
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