IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110019613 


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 items 6 (Date of Rank (DOR)), 10c (Date Inducted), 11d (Effective Date), and 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect:

* His DOR is 9 September 1966, not 9 September 1967
* He was inducted on 25 or 26 May 1965, not 27 May 1966
* He was separated on 29 April 1969, not 6 April 1968
* Item 25 of his DD Form 214 should show he completed basic combat training (BCT) and advanced individual training (AIT)
* He completed the 8-week Wireman course in 1965, not 1966
* Item 25 of his DD Form 214 should show he completed the 8-week Switchboard Course, 2-week Film Projection School, and the 2-week Decoder Course 

3.  The applicant provides 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 record contains a DD Form 47 (Record of Induction) that shows he was inducted into the Army of the United States on 27 May 1966.  He completed his training and he was awarded military occupational specialty 36K (wireman).  He served in Vietnam from 11 April 1967 to 3 April 1968.

3.  His record contains a DA Form 87 (Certificate of Training), issued by the Audio Visual Support Center, Fort Lewis, WA, dated 4 November 1966, that shows he successfully completed the 40-hour Projectionist Course.

4.  Unit Orders Number 52, issued by Headquarters, 821st HMS Company, dated 9 September 1967, appointed the applicant to the temporary rank of SP4.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in:

* Item 27 (Military Education) he completed the 8-week Wireman course in 1966
* Item 33 (Appointments and Reductions) he was appointed to the temporary rank of SP4 with a DOR of 9 September 1967 based on Unit Orders Number 52
* Item 38 (Record of Assignments) he completed BCT while assigned to
Company D, 8th Battalion, 2nd Brigade, U.S. Army Training Center (USATC), Fort Benning, GA during the period 3 June to 29 July 1966
(8 weeks)

6.  Special Orders Number 97, issued by Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 6 April 1968, show he was released from active duty effective 6 April 1968 and he was transferred to the USAR Control Group (Annual Training) to complete his Reserve obligation of 6 years.

7.  He was honorably released from active duty as an overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual 


Training) to complete his remaining service obligation.  The DD Form 214 he was issued at the time shows in:

* Item 6 the entry "9 SEP 67" [9 September 1967]
* Item 10c the entry "27 MAY 66" [27 May 1966]
* Item 11d the entry "6 APR 68" [6 April 1968]
* Item 25 he completed the 8-week Wireman course at USATC in 1966

8.  There is no evidence of record and he did not provide any evidence that shows he completed an 8-week Switchboard Course, 2-week Film Projection School, or a 2-week Decoder Course.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation, in effect at the time, provided that for:

	a.  Item 6, enter the DOR for the grade shown in item 5a;

	b.  item 10c, enter the date of the individual's induction;

	c.  item 11d, enter date separation is accomplished; and

	d.  item 25, enter service schools, including major courses that were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.  It further states to enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared.  Enter course title, number or weeks, and month and year completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DOR is 9 September 1966 and item 6 of his
DD Form 214 is incorrect.  However, evidence shows his DOR for the temporary rank of SP4 is 9 September 1967, which is properly reflected in item 6 of his
DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

2.  He contends he was inducted into the Army on 25 or 26 May 1965 and item 10c of his DD Form 214 is incorrect.  However, his DD Form 47 that was 


completed at the time of his induction shows he was inducted into the Army of the United States on 27 May 1966, which is properly reflected in item 10c of his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

3.  He contends he was separated on 29 April 1969 and item 11d of his DD Form 214 is incorrect.  However, special orders show he was released from active duty on 6 April 1968, which is properly reflected in item 11d of his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

4.  He contends item 25 of his DD Form 214 should show he completed BCT and AIT.  Records show he completed BCT at Fort Benning during the period 3 June to 29 July 1966 for a period of 8 weeks.  Therefore, his DD Form 214 should be corrected to show his completion of BCT.

5.  However, his AIT (wireman course) is already shown in item 25 of his
DD Form 214.  Therefore, there is no correction to be made pertaining to adding his AIT completion on his DD Form 214.  Additionally, he contends he completed the 8-week Wireman course in 1965; however, evidence shows he completed this course in 1966 which is properly reflected in item 25 of his DD Form 214.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

6.  His record contains a DA Form 87 that shows he successfully completed a
40-hour Projectionist Course at Fort Lewis, WA in November 1966.  Therefore, his DD Form 214 should be corrected to show this course.

7.  He further contends he completed an 8-week Switchboard Course, 2-week File Projection School, and a 2-week Decoder Course.  However, there is no evidence of record and he provided none to support these contentions.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 25 of his DD Form 214 the entry:

* "Basic Combat Training, 8 weeks, July 1966"
* "Projectionist Course, 1 week, November 1966"

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any other requested corrections to 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)                                         AR20110019613



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ABCMR Record of Proceedings (cont)                                         AR20110019613



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