Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110009711
Original file (20110009711.txt) Auto-classification: Denied

		

		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 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 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 applicant’s 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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110009711



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140012280

    Original file (20140012280.txt) Auto-classification: Approved

    His command did not authorize him to take the Defense Language Proficiency Test (DLPT) because he was told that his position was not a Spanish language required position even though he was required to know and speak Spanish to perform his duties. Army Regulation 11-6 (Army Foreign Language Program) implements policies and procedures for establishing Army linguist requirements of Army’s command language programs and for identifying, testing, reporting, evaluating, reevaluating, training, and...

  • ARMY | BCMR | CY2011 | 20110016430

    Original file (20110016430.txt) Auto-classification: Approved

    The applicant provides: * three Defense Activity for Non-Traditional Education Support (DANTES) Score Reports from the Educational Testing Service, Princeton, NJ * DD Form 2586 (Verification of Military Experience and Training), dated 1 September 2000 * DD Form 638 (Recommendation for Award), dated 16 April 2001, and a certificate for the award of the Meritorious Service Medal * Certificate of Training for the 53rd Transportation Battalion Master Gunner Course * undated letter from the 546th...

  • ARMY | BCMR | CY2014 | 20140006884

    Original file (20140006884.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 2 September 1971, to show in: * Item 3 (Social Security Number (SSN)) – "XXX-XX-XX42" instead of "XXX-XX-XX92" * Item 25 (Education and Training Completed) – all the schools he completed 2. His records contain the following: * DD Form 4 (Enlisted Record – Armed Forces of the United States), dated 16 June 1966, which does not list his SSN * DD Form...

  • ARMY | BCMR | CY2002 | 2002074775C070403

    Original file (2002074775C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed the U.S. Army School, Europe 155mm Projectile Prefire Course, to show he was awarded the “Spanish Paratrooper Wings” (correctly known as the Spanish Armed Forces Parachutist Badge) and the Combat Infantryman Badge (CIB). The applicant's DD Form 214 does not show the CIB as an authorized award. There is no evidence of record which shows the applicant...

  • ARMY | BCMR | CY2009 | 20090010181

    Original file (20090010181.txt) Auto-classification: Denied

    The applicant requests reconsideration of the Army Board for Correction of Military Records (ABCMR) denial to correct his military records to show he was awarded the Army Commendation Medal. The Army Commendation Medal Certificate is new evidence which requires his case to be reconsidered by the ABCMR. There are no orders in the applicant's military service records awarding him the Army Commendation Medal.

  • ARMY | BCMR | CY2007 | 20070006146

    Original file (20070006146.txt) Auto-classification: Approved

    He was later awarded the SQI of "P" which took precedence over his SQI of "L." At the time of his discharge, his DD Form 214 was prepared to only show his PMOS of "12B2O." There are no orders in the applicant's service personnel records and the applicant has provided none awarding him the Good Conduct Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected: a. by showing the entry "12B2P" in item 11 (Primary Specialty), of...

  • ARMY | BCMR | CY2013 | 20130021112

    Original file (20130021112.txt) Auto-classification: Approved

    His DA Form 2-1 (Personnel Qualification Record), which was later created after his discharge from active duty and subsequent appointment in the U.S. Army Reserve (USAR), shows he served in: * Vietnam, 1 October 1967 to 1 October 1968 * Germany, 17 September 1969 to 26 January 1971 * Vietnam, 28 February 1971 to 27 February 1972 6. 2nd Battalion, 35th Artillery (1 June 1968 to on or about 12 September 1968) was also cited for award of Republic of Vietnam Civil Actions Honor Medal First...

  • ARMY | BCMR | CY2015 | 20150000960

    Original file (20150000960.txt) Auto-classification: Approved

    Specifically, the applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * block 23a (Specialty Number and Title), his military occupational specialty (MOS) as "Field Illumination Crew Chief" * block 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized), he was awarded the Bronze Star Medal * block 25 (Education and Training Completed), he graduated from the...

  • ARMY | BCMR | CY2011 | 20110007943

    Original file (20110007943.txt) Auto-classification: Approved

    The applicant provides his DD Form 214. The applicant requests his date of induction, his enlisted service number, and his Army Good Conduct Medal be added to his DD Form 214 for the period ending 1 July 1969. The applicant had two periods of active service, the first as an enlisted Soldier and the second as a commissioned officer, for which he was issued two separate DD Forms 214.

  • ARMY | BCMR | CY2004 | 04104005C070208

    Original file (04104005C070208.doc) Auto-classification: Approved

    The applicant requests that his separation document be corrected to show that he was awarded an Army Achievement Medal, a Driver’s Badge, and that he held a Special Qualification Indicator (SQI) of “L” as part of his military specialty at the time of his separation from active duty. Even though the applicant’s file contains no orders indicating he was ever awarded the SQI, the evidence does show that the last time the applicant passed the language proficiency test was in October 2001. As a...