IN THE CASE OF:
BOARD DATE: 23 July 2013
DOCKET NUMBER: AR20130000401
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 he:
* completed the Special Forces Underwater Operations Course in 1972
* worked as a shop foreman in the 7th Special Forces Motor Pool from February 1972 to January 1973
2. The applicant states he would like an updated DD Form 214 for personal and professional reasons.
3. The applicant provides a certificate showing completion of the Special Forces Underwater Operations Course and 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 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 records show he enlisted in the Regular Army on 21 April 1970. He initially completed the Light Weapons Infantryman Course and he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3. Subsequent to completion of MOS training, he completed the Basic Airborne Course. He then completed Phase I of the Special Forces Training followed by Special Forces communication training. He was awarded MOS 05B2S (Radio Operator) on 3 June 1971.
4. He was assigned as a Radio Operator to Company D, 7th Special Forces Group, 1st Special Forces, from 11 June 1971 to 26 April 1971 and then Company B, 2nd Battalion, 7th Special Forces Group, 1st Special Forces, from 27 April 1972 to 22 January 1973, both at Fort Bragg, NC.
5. He was honorably released from active duty on 22 January 1973. Item 14 (Education and Training Completed) of his DD Form 214 shows he completed:
* Light Weapons Infantryman
* Radio Operator
* Basic Combat Training
* Code of Conduct
* Basic Airborne
* Military Justice
* Benefits of Honorable Discharge
* Geneva Convention
* Chemical, Biological, and Radiological Training
6. He submitted a certificate, dated 18 February 1972, that shows he completed the Special Forces Underwater Operations Course at the U.S. Institute for Military Assistance, Fort Bragg, NC, on 18 February 1972.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed the Special Forces Underwater Operations Course at the U.S. Institute for Military Assistance, Fort Bragg, NC, on 18 February 1972. Therefore, he is entitled to correction of his DD Form 214 to show this training.
2. With respect to serving as a shop foreman in the 7th Special Forces Motor Pool from February 1972 to January 1973, there is no provision to list each principal duty and duty MOS performed by a member on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 25 of his DD Form 214 the entry "Special Forces Underwater Operations Course."
2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding an entry that he served as a shop foreman in the 7th Special Forces Motor Pool from February 1972 to January 1973.
____________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) AR20130000401
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ABCMR Record of Proceedings (cont) AR20130000401
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