IN THE CASE OF:
BOARD DATE: 5 February 2013
DOCKET NUMBER: AR20120012661
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his completed classes from American University.
2. The applicant states, in effect, the error was an administrative oversight and/or misunderstanding of item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) on his DD Form 214.
3. The applicant provides:
* A self-authored statement
* DD Form 214
* Fall 1966 American University Transcript
* DA Form 699 (General Educational Development Individual Record)
* 2-page extract, American University General Information Bulletin 1965 to 1966
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 was inducted in the Army of the United States on 15 December 1964. He completed training and he was awarded military occupational specialty 81A (General Draftsman). The highest rank/grade he attained while on active duty was specialist four (SP4)/E-4.
3. Item 32 (Civilian Education) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "San Jose City College, San Jose, CA, 60SH (Drafting), 1964."
4. On 14 December 1966, the applicant was honorably released from active duty at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining service obligation. He completed 2 years of total active service.
5. Item 28 of the applicant's DD Form 214 shows the entry "None."
6. The applicant provides a copy of his DA Form 669 and American University transcript that both show he completed the following courses:
* E55.530, Auto Data Processing, 3 semester hours, 3 November 1966, completion grade of "C"
* E9.100, Human Biology, 3 semester hours, 3 November 1966, completion grade "B"
7. Army Regulation 635-5 (Separation Documents), then in effect, stated that for enlisted personnel, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 being prepared.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his classes completed at American University was carefully considered and determined to have merit.
2. The applicant's DA Form 669 and transcript from American University confirms his completion of two college courses. Therefore, he is entitled to correction of his DD Form 214 to show these courses.
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:
a. deleting from items 28a, b, and c of his DD Form 214 the current entries, and
b. adding to item 28a, b, and c of his of DD Form 214, respectively, the entry:
* American University, 14 September 1966 to 3 November 1966, Auto Data Processing
* American University, 14 September 1966 to 3 November 1966, Human Biology
_______ _ 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) AR20120012661
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ABCMR Record of Proceedings (cont) AR20120012661
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