BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110003467
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to add the Unit Armorer Course.
2. He states he was not awarded a military occupational specialty (MOS) for completing this course.
3. He provides:
* a course completion certificate
* an academic report
* 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 20 September 1954 for 3 years. After completion of basic combat and advanced individual training, he was awarded MOS 723.10 (Communications Specialist Teletypewriter Operator).
4. His DD Form 214 also shows in item 28 (Service Schools or Colleges, College Training, Courses, and/or Post-Graduate Courses Successfully Completed) that he successfully completed the 8-week Teletypewriter Operator Course in 1955. Item 29 (Other Service Training Courses Successfully Completed) of this form contains the entry "None."
5. The applicant provides a certificate that shows he successfully completed the Unit Armorer Course on 1 June 1956. This certificate also shows he was not awarded an MOS for completing this course.
6. He also provides a copy of an academic report from Headquarters, U.S. Army Europe (USAREUR) Ordnance School, dated 15 June 1956. This document shows his class standing in the Unit Armorer Course was 5 out of 30 students with a numerical grade of 80.5 percent.
7. He was honorably released from active duty on 22 August 1957 and transferred to the U.S. Army Reserve, New Jersey Military District. He completed 2 years, 11 months, and 3 days of total active service.
8. Army Regulation 635-5 (Administrative Separation Procedures and Forms), in effect at the time of the applicant's discharge, established uniform administrative procedures and separation forms to be used in connection with the relief from active duty or complete separation from the military service of commissioned officers, warrant officers, and enlisted personnel. This regulation specified that service schools, including dates and major courses, successfully completed would be entered in item 28. This entry also includes military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. Item 29 of the DD Form 214 would include installation training courses (qualification courses), military correspondence courses, and off-duty courses successfully completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence presented shows the applicant successfully completed the Unit Armorer Course at the USAREUR Ordnance School in 1956.
2. The regulation in effect at the time of his separation provided that service schools, including dates and major courses, successfully completed would be entered in item 28 of the DD Form 214.
3. As a result, he is entitled to have the Unit Armorer Course added to item 28 of his DD Form 214.
BOARD VOTE:
___x_ ___x_____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding "USAREUR Ordnance School, 1956, Unit Armorer Course" to item 28 of his DD Form 214.
___________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) AR20110003467
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