IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110014232
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 show in item 25 (Education and Training Completed) he received a rating of expert during the Jungle Operations Course.
2. The applicant states his DD Form 214 already shows completion of the Jungle Operations Course in item 25. He qualified as a jungle expert in the Jungle Operations Course by receiving the required scores in the various exercises. He would like the entry amended to add a statement confirming his rating of expert.
3. The applicant provides a copy of the certificate showing completion of the Jungle Operations Course.
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 was appointed as a Reserve commissioned officer and executed an oath of office on 7 June 1963. He entered active duty on 29 November 1966.
3. He served in Vietnam from 20 November 1967 to 21 February 1969.
4. He was honorably retired on 22 November 1968 by reason of physical disability.
5. Item 25 of his DD Form 214 shows he completed the 9-week Field Artillery Basic Course and the 2-week Jungle Operations Course, in 1967.
6. His records contain and he submitted a certificate showing he completed the Jungle Operations Course. Printed on the left-hand side is an image of a patch composed of a tab that reads "jungle expert" on top of the shoulder sleeve insignia of the U.S. Army South.
7. 12. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains guidance on the preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's separation stated item 25 of the DD Form 214 showed installation training courses (qualification courses) successfully completed by the Soldier during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The regulation in effect at the time of the applicant's service provided for an entry in item 25 to show installation training courses (qualification courses) successfully completed by the Soldier during the period covered by the DD Form 214. The applicant's DD Form 214 correctly listed his training.
2. There is no provision to list the degree of training qualification. In any case, the applicant's certificate of training shows the degree of his qualification. Additionally, the applicant may use the Record of Proceedings if a need arises to confirm his degree of qualification.
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) AR20110014232
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ABCMR Record of Proceedings (cont) AR20110014232
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