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ARMY | BCMR | CY2012 | 20120023013
Original file (20120023013.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20120023013 


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 25 (Education and Training Completed) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show Jungle Warfare Training instead of USATSCH (U.S. Army Transportation School) – Stevedore Course.

2.  The applicant states, in effect, his DD Form 214 does not show Jungle Warfare Training.

3.  The applicant provides:

* extract of Annex G, Tasks Performed and Special Operations Supported in the Republic of Vietnam
* page 3 of his DA Form 20 (Enlisted Qualification Record) 

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 was inducted into the Army of the United States on 2 May 1967.  He completed training and was awarded military occupational specialty 57H (Cargo Handler).

3.  The applicant's DA Form 20 shows in:

* item 27 (Military Education), Stevedore, USATSCH, 4 weeks, 1967
* item 31 (Foreign Service), USARPAC (U.S. Army Pacific) – Vietnam, from 5 November 1967 through 3 November 1968
* item 38 (Record of Assignments):

*	15 May 1967 to 20 July 1967, Basic Combat Training, Fort Dix, NJ
*	21 July 1967 to 14 September 1967, Student, Fort Eustis, VA
*	15 September 1967 to 11 October 1967, Advanced Individual Training, Fort Story, VA

4.  Item 38 of the applicant's DA Form 20 also shows he was assigned to the following units while in the Republic of Vietnam:

* 9 November 1967 to 3 July 1968, 71st Transportation Company
* 4 July 1968 to 1 November 1968, Headquarters and Headquarters Detachment, 159th Transportation Battalion

5.  Special Orders Number 181, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, dated 30 June 1967, shows the applicant was assigned to USATSCH, Fort Eustis, VA, for training.

6.  On 1 May 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  His DD Form 214 shows he completed 2 years of creditable active duty military service.

7.  The applicant provides a one-page extract of Annex G, Tasks Performed and Special Operations Supported in the Republic of Vietnam for the period 1 January 1968 through 31 December 1968.  Neither the applicant's name nor the units to which he was assigned are listed on this document.

8.  Recondo, Raider and Jungle Warfare Training Courses are conducted by brigade and division level units throughout the Army as local training courses in combat skills.
9.  The applicant's record is void of evidence showing he attended a formal in-service Jungle Warfare Training Course and he does not provide any evidence.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It stated, in pertinent part, in Item 25 (Military Education) enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has 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 completion of Jungle Warfare Training was carefully considered.

2.  Army Regulation 635-5, in effect at the time, stated that qualification courses, military correspondence courses, and off-duty courses completed were to be entered on the DD Form 214.

3.  There is no evidence of record to indicate that the applicant completed the Jungle Warfare Course.

4.  In view of the foregoing, there is no 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)                                         AR20120023013



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ABCMR Record of Proceedings (cont)                                         AR20120023013



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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