IN THE CASE OF:
BOARD DATE: 4 February 2014
DOCKET NUMBER: AR20130009233
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 28b (Service Schools or Colleges, College Training Courses, and/or Post-Graduate Courses Successfully Completed Dates) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his course dates as November 1963 to July 1964.
2. The applicant states the dates are wrong in item 28b. The dates should be November 1963 to July 1964.
3. The applicant provides a copy of 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 enlisted in the Regular Army on 4 September 1963. He completed training and was awarded military occupational specialty 31E (Field Radio Repairman).
3. His DA Form 20 (Enlisted Qualification Record) shows completion of the
23-week Field Radio Repairman Course in 1964.
4. The applicant was honorably released from active duty on 8 June 1966. Item 28b of his DD Form 214 shows "Nov 63 to Jul 63."
DISCUSSION AND CONCLUSIONS:
The applicant completed the 23-week Field Radio Repairman Course in 1964, not 1963. The entry on his DD Form 214 is clearly a typographical error. It would be appropriate to correct his DD Form 214 to show "Nov 63 to Jul 64."
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined 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 amending item 28b of his DD Form 214 to show "Nov 63 to Jul 64."
____________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) AR20130009233
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130009233
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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