IN THE CASE OF:
BOARD DATE: 20 March 2014
DOCKET NUMBER: AR20130012516
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 in item 25 (Education and Training Completed) infantry advanced individual training (AIT) at Fort Polk, LA.
2. The applicant states item 25 on his DD Form 214 should read, "Training at Fort Polk, LA." He states he completed advanced infantry training under simulated Vietnam conditions that included guerilla warfare.
3. The applicant provides copies of a newspaper article 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. On 4 February 1966, he was inducted into the Army of the United States.
3. His DA Form 20 (Enlisted Qualification Record), item 27 (Military Education) and item 28 (Specialized Training) are void of an entry showing he successfully completed infantry AIT.
4. His DA Form 20, item 38 (Record of Assignments) shows he attended AIT from April to June 1966. Item 22 (Military Occupational Specialties) shows he was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman) in June 1966.
5. On 26 December 1967, he was honorably released from active duty. Item 25 of his DD Form 214 as corrected by two DD Forms 215 (Correction to DD Form 214) shows "None."
6. Army Regulation 635-5 (Separation Documents) established standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version in effect at the time provided for entering in item 25 service schools, including dates and major courses which were completed successfully during the period covered by the DD Form 214.
7. Army Regulation 635-8 (Separation Processing and Documents) prescribes for administratively issuing a new DD Form 214 when two DD Forms 215 have been issued and an additional correction is required. When a DD Form 214 is issued or reissued, that fact and the date will be entered in item 18 (Remarks) of the DD Form 214 unless the appellate authority, executive order, or secretarial directive specifies otherwise.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he completed infantry indirect fire crewman advanced individual training. There is no provision for entering on a Soldier's DD Form 214 the nature of training completed, such as that it simulated Vietnam conditions and included guerilla warfare.
2. Therefore, based on the regulatory policy in effect at the time, it would only be appropriate to add to the appropriate item of his DD Form 214 an entry showing he completed Infantry Indirect Fire Crewman training in June 1966.
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 adding to the appropriate item of a reissued DD Form 214, "Infantry Indirect Fire Crewman, June 1966."
_______ _ __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) AR20130012516
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ABCMR Record of Proceedings (cont) AR20130012516
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