IN THE CASE OF:
BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110011272
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 28 (Service School or Colleges, College Training, Courses and/or Post-Graduate Courses Successfully completed) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Noncommissioned Officer (NCO) School.
2. He states that he attended the NCO School at Schofield Barracks, HI, in 1956 or 1957. He graduated from this school, but it is not listed on his DD Form 214.
3. He 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 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 record shows he enlisted in the Regular Army on 25 January 1955 for 3 years.
4. His available record does not show he attended or completed the NCO School during his period of service.
5. He was honorably released from active duty on 19 December 1957 and he transferred to the U.S. Army Reserve (USAR).
6. Item 28 of his DD Form 214 lists the United States Army Pacific Ordnance Course, 10 weeks, 1956. Item 29 (Other Training Successfully Completed) lists "NA."
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated, in pertinent part, that service school courses, college training courses, and other service training successfully completed during the period covered by the DD Form 214 being prepared would be entered in Items 28 and 29.
DISCUSSION AND CONCLUSIONS:
There is no evidence of record and the applicant has provided none to show that he attended and successfully completed the NCO School during his period of service. In the absence of evidence to the contrary, it is presumed his DD Form 214 is correct. Therefore, he is not entitled to correction to his DD Form 214, Item 28, to show he completed the NCO School.
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) AR20110011272
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ABCMR Record of Proceedings (cont) AR20110011272
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