BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008540
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his training in item 29.
2. The applicant states that his DD Form 214 does not reflect his training in item 29.
3. The applicant provides copies of his DD Form 214, dated 14 May 1961, and three training certificates dated in 1964.
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 enlisted in the New Jersey Army National Guard (NJARNG) on 13 October 1960 for as period of 3 years. He was ordered to active duty for training (ACDUTRA) on 19 November 1960 and he completed basic training at Fort Dix, New Jersey. He was transferred to Fort Knox, Kentucky where he attended advanced individual training (AIT) as a parts clerk from 13 February to 13 May 1961.
3. On 14 May 1961, he was released from ACDUTRA and he was returned to his NJARNG unit. He had served 5 months and 26 days of active service and the DD Form 214 he was issued at the time of release contains the entry NONE in item 29 under Service Schools.
4. The training certificates provided by the applicant show that he completed three aviation maintenance courses at Fort Rucker, Alabama during the period 9 October to 18 December 1964.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides, in pertinent part, that military courses completed during the period covered by the DD Form 214 will be entered on the DD Form 214. It also provides that changes that occur subsequent to the period covered by the DD Form 214 will not be entered on that form retroactively.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed 8 weeks of AIT as a parts clerk at Fort Knox, Kentucky between 13 February and 13 May 1961 and he is entitled to have this course entered on his DD Form 214.
2. However, the three courses he completed in 1964 are not authorized for entry on his DD Form 214, dated 14 May 1961, because the courses were not completed during the period covered by 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 that the evidence presented was 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 the entry Ft Knox, KY 13 Feb - 13 May 1961 Parts Clerk to item 29 of his DD Form 214, dated 14 May 1961.
2. The Board further determined that 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 military training courses completed in 1964 to his DD Form 214.
_______ _ 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.
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