IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120009971
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 29 (Other Service Training Courses Successfully Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Electronic Counter-Measures and Electronic Counter Counter-Measures courses, he took at The Signal School, Fort Monmouth, NJ, from February to March 1963.
2. The applicant states he completed these courses and they should be recognized.
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 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 records show he enlisted in the Regular Army on 11 July 1960 and he held military occupational specialty 299.10 (Radar Repairman).
3. He was honorably released from active duty on 27 June 1963 and he was transferred to the U.S. Army Reserve. He completed 2 years, 11 months, and 17 days of net active service.
4. Item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) of the DD Form 214 he was issued contains the following entries:
* The Signal School, Fort Monmouth, NJ; October 1960 - January 1961; Nuclear Weapons Maintenance
* The Signal School, Fort Monmouth, NJ; January 1961 - July 1961; Radar Repair
* The Signal School, Fort Bliss, TX; October 1961 - May 1962; AN/GSG 5 & 6 Birdie
5. Item 29 of this DD Form 214 contains the entry "None."
6. Item 26 (Military Education) of his DA Form 20 (Enlisted Qualification Record) shows the three courses that are listed in item 28 of his DD Form 214. It does not list any additional military education.
7. Item 33 (Record of Assignments) of his DA Form 20 shows he was assigned as a radar repairman to the 65th Signal Detachment, Fairchild Air Force Base, WA, from 31 January to 27 June 1963.
8. His record is void of any certificates or other documentation that shows he attended and/or successfully completed either the Electronic Counter-Measures or the Electronic Counter Counter-Measures courses.
9. 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 28 enter the enter service schools, including dates and major courses which were successfully completed during the period covered by the DD Form 214. All entries on the DD Form 214 were required to be verified against source documents for completeness and accuracy.
DISCUSSION AND CONCLUSIONS:
The evidence or record does not contain any evidence and the applicant has not provided any evidence that shows he successfully completed either the Electronic Counter-Measures or the Electronic Counter Counter-Measures courses during his military service. Notwithstanding the applicant's sincerity, in the absence of documentation that shows he successfully completed these courses and the dates of his attendance, there is an insufficient evidentiary basis for granting the applicant's 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) AR20120009971
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ABCMR Record of Proceedings (cont) AR20120009971
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