IN THE CASE OF:
BOARD DATE: 18 April 2012
DOCKET NUMBER: AR20110021227
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 (Report of Separation from the Armed Forces of the United States) to show he successfully completed the Leaders Course in February 1954.
2. The applicant states he completed this course at the 11th Airborne Division Noncommissioned Officer (NCO) Academy, Fort Campbell, KY, but it is not listed on his DD Form 214.
3. The applicant provides his DD Form 214 and a certificate.
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 lost or destroyed in that fire. However, the applicant provided his DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's DD Form 214 shows he was inducted into the Army of the United States on 26 August 1953 and he held military occupational 74405 (Clerk Typist). He was assigned to Headquarters Company, 76th Truck Battalion, Fort Campbell, KY.
4. He was honorably released from active duty on 31 May 1955 and transferred to the U.S. Army Reserve. He completed 1 year, 9 months, and 6 days of creditable active service.
5. Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) of his DD Form 214 does not show the Leaders Course.
6. The applicant provides a certificate, dated 28 February 1954, that shows he attended and successfully completed the 11th Airborne Division, NCO Academy, Leaders Course from 18 January through 28 February 1954.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The version of the regulation in effect at the time stated in item 30 of the DD Form 214 enter service schools, including dates and major courses which were successfully completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant attended and successfully completed the NCO Academy Leaders Course from 18 January through 28 February 1954 which is not shown on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to show this course.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 the entry "NCO Academy, 18 January 1954 - 28 February 1954, Leaders Course."
_______ _ _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) AR20110021227
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ABCMR Record of Proceedings (cont) AR20110021227
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