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ARMY | BCMR | CY2011 | 20110024060
Original file (20110024060.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    23 May 2012 

		DOCKET NUMBER:  AR20110024060 


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 that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his completion of a 3-week Radio-Teletype Course in Germany. 

2.  The applicant states he attended a 3-week Radio-Teletype advanced training course at Bad Toelz, Germany and it is not reflected on his DD Form 214.

3.  The applicant provides no additional documents with his application.

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 enlisted in the Regular Army on 28 February 1977 for a period of 3 years.  He completed the training requirements and he was awarded military occupational specialty 05F (Radio Teletype Operator NonMorse). 

3.  On 31 August 1977, he was transferred to Greece where he remained until he was transferred to Germany on 15 March 1978.

4.  On 5 April 1979, he was honorably discharged.  He served 2 years, 1 month, and 28 days of active service and his DD Form 214 issued at the time of discharge reflects his advanced individual training as a Radio Teletype Operator at Fort Gordon. 

5.  A review of the applicant's official records failed to show any evidence of the applicant attending or completing any training while in Germany.

6.  Army Regulation 635-5 serves as the authority for the preparation of the 
DD Form 214.  It provides, in pertinent part, that substantiating evidence is required to support entries placed on the DD Form 214 such as a certificate of course completion or academic evaluation report.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 should be corrected to show a 3-week Radio-Teletype Course that he completed in Germany was considered and appears to lack merit.

2.  The applicant’s official records contain no evidence and the applicant has provided no evidence to support his contention.

3.  Therefore, in the absence of evidence to show he completed the course in question there appears to be no basis to grant his request.

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)                                         AR20110024060



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ABCMR Record of Proceedings (cont)                                         AR20110024060



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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