IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120003373
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 item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad. Courses Successfully Completed) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he attended the Army Language School from January 1953 to January 1954.
2. He states his DD Form 214 states he attended the Army Language School at the Presidio of Monterey, CA, from September 1953 to January 1954. He was not credited with the full amount of language education he accomplished. He attended the Army Language School for 1 full year, not just 5 months. There was a graduation from the Army Language School in which he participated. He wants his DD Form 214 to contain accurate information for his memoirs.
3. He provides his DD Form 214, a Certification of Military Service, correspondence from the National Personnel Records Center (NPRC), and an Army Language School Diploma.
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 complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at NPRC in 1973. It is believed most of his records were lost or destroyed in that fire. This case is being considered using the documents he provides.
3. He enlisted in the Regular Army on 22 September 1952, and he was honorably released from active duty on 11 July 1955.
4. His DD Form 214 shows in:
* item 5 (Qualifications) he was qualified as an interpreter
* item 30 he completed the Army Language School Russian course at the Presidio of Monterey during the period September 1953 to January 1954
5. The available records do not show when he began his course of study at the Army Language School.
6. He provides a diploma showing he satisfactorily completed the course of instruction at the Army Language School on 20 January 1954.
7. The website of the Defense Language Institute Foreign Language Center (DLIFLC) (formerly the Army Language School) states the duration of the Russian course is currently 48 weeks.
DISCUSSION AND CONCLUSIONS:
1. The available records do not show when the applicant began his course of study at the Army Language School. The DLIFLC website indicates the Russian course is currently 48 weeks long, and it is probable that the course was approximately as long during his service. Unfortunately, this probability alone is an insufficient basis for correcting his DD Form 214.
2. If the beginning date of his Russian course is incorrect as shown on his DD Form 214, it is a harmless error. Of greater import is the fact that his DD Form 214 properly shows he completed the course.
3. In the absence of official documentation showing he began the Russian course earlier than the date shown on his DD Form 214, there is no basis for granting the requested relief.
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) AR20120003373
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ABCMR Record of Proceedings (cont) AR20120003373
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