BOARD DATE: 15 August 2013
DOCKET NUMBER: AR20120022850
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 military records to show:
a. he completed the Chemical, Biological, Radiological, Nuclear and Enhanced Conventional Weapons (CBRNE) training, Potable Water training, and Emergency Medical Training (EMT);
b. temporary duty (TDY) assignments in the Philippines, Okinawa, Da Nang, and Hawaii; and
c. the correct spelling of his last name.
2. The applicant states:
* none of his extra training shows up
* he completed CBRNE training in 1974 at Fort Hood, TX
* he completed Potable Water training in 1974 at San Antonio, TX
* he completed EMT in 1974 at Waco, TX
* he flew with the Air Force Medivac TDY out of Fort Hood five times in 1974
* the Army and Air Force spelled his last name wrong
3. The applicant provides no additional documentary evidence.
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's DD Form 398 (Statement of Personal History) and enlistment contract, dated 31 July 1973, show his last name as Bxxxex. He enlisted in the Regular Army on 31 July 1973. He served as a medical specialist and was honorably discharged on 5 March 1975.
3. His DD Form 214 shows his last name as Bxxxex. His DD Form 214 does not show he completed CBRNE training, Potable Water training, or EMT.
4. There is no evidence that shows he completed CBRNE training, Potable Water training, or EMT.
5. 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. It establishes standardized policy for the preparation of the DD Form 214. The regulation in effect at the time provided that item 27 (Remarks) would list formal in-service training courses successfully completed during the period of service; such as medical and dental, electronics, supply, administrative, personnel, or heavy equipment operations. This information was to assist in employment placement and job counseling, so training courses for combat skills would not be listed. There is no provision to show TDY assignments on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence and the applicant provides no evidence that shows he completed CBRNE training, Potable Water training, or EMT. Therefore, there is insufficient evidence on which to amend his DD Form 214 to show these training courses.
2. Since there is no provision to show TDY assignments on the DD Form 214, there is no basis for granting this requested relief.
3. Although he implies his last name is spelled incorrectly, his DD Form 214 shows the last name Bxxxex. Evidence shows he enlisted under the last name Bxxxex in 1973 and he was discharged under the same last name in 1975. There is no evidence which shows any other last name was used during his active duty service in the Army. Therefore, there is insufficient evidence on which to base amending his last name.
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) AR20120022850
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ABCMR Record of Proceedings (cont) AR20120022850
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