BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110009711
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, in effect, correction of his records to show he was awarded a translator/interpreter identifier.
2. The applicant states he tested for a foreign language and received orders when he was at Fort Hood, TX in late 1967. He acted in this capacity with general grade officers from Argentina, Spain, El Salvador, and others. He also states it would look good on a résumé.
3. The applicant did not provide any evidence.
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 records show he enlisted in the Regular Army on 9 February 1966 and he held MOS 71H (Personnel Specialist). He attended Officer Candidate School on 11 September 1966 at Fort Sill, OK.
3. On 27 January 1967, he requested a language test in Spanish be administered and on 31 January 1967, he took and passed his test.
4. Item 30 (Languages) of his DA Form 20 (Enlisted Qualification Record) shows he tested in the Spanish language on 31 January 1967.
5. He was honorably discharged on 22 May 1967 to accept a commission as an officer of the Army.
6. He was appointed as a Reserve commissioned officer in the rank of second lieutenant and he executed an oath of office with concurrent call to active duty on 23 May 1967.
7. He served as a Field Artillery (FA) Unit Commander and he was initially assigned to Battery B, 1st Battalion, 3rd Artillery, 2nd Armored Division, Fort Hood.
8. Item 32 (Languages) of his DA Form 66 (Officer Qualification Record) shows he tested in the Spanish language on 31 January 1967.
9. He was honorably released from active duty on 10 May 1969. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows in item 23a (Specialty Number and Title) the entry "1193 FA Unit Commander."
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. It stated, in pertinent part, that item 23 shows the primary specialty number and title.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was tested in the Spanish language on 31 January 1967. His test results are appropriately captured in item 30 of his enlisted DA Form 20 and item 32 of his officer DA Form 66.
2. There is no evidence he applied for or was awarded a language identifier at the time.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants DD Form 214 to list a foreign language identifier.
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) AR20110009711
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