IN THE CASE OF:
BOARD DATE: 24 April 2014
DOCKET NUMBER: AR20130014342
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:
a. item 23a (Specialty Number & Title): 31193 (Tactical Intelligence Officer); 9301 (Infantry Unit Commander), 1542 (Field Artillery), and 21193 (Unknown).
b. item 25 (Education and Training Completed):
* Combat Intelligence Staff Officer Course, 1971
* Special Forces Operations Correspondence Course, 1972
* Technical Intelligence Course, 1972
* Special Forces Jump Master Course, 1973
2. The applicant states he completed these courses while on active duty.
3. The applicant provides:
* Training certificates
* DD Form 214, for the period 21 November 1967 to 3 September 1969
* Memorandum, Combat Intelligence Staff Officer Course Diplomas, dated 21 October 1971
* Memorandum, U.S. Army Intelligence School Diploma, dated
17 November 1971
* Request for Transfer of Basic Branch, dated 6 April 1973
* Active Duty for Training and/or Annual Training order, dated 21 May 1973
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 10 January 1967 and he was discharged on 20 November 1967 to accept a commission as an officer in the Army. The DD Form 214 he was issued at the time shows he attended the Officer Basic Course from June through November 1967.
3. He was appointed as a second lieutenant in the U.S. Army Reserve (USAR) on 21 November 1967 in the Field Artillery Basic Branch (1193).
4. On 3 September 1969, he was honorably released from active duty and transferred to the USAR Control Group (Annual Training). His DD Form 214 shows in:
* items 23a he held MOS 71193 (Parachutist)
* item 25 he completed the Basic Airborne Course
5. He provides his Basic Branch Transfer request, dated 6 April 1973, which shows that he completed the Combat Intelligence Staff Officer Course, Technical Intelligence Officer Course, Special Forces Operations Course, and Jumpmaster Course after the period covered by his DD Form 214. The training certificates he provided confirm the same.
6. In addition, this document shows that he was awarded the primary MOS 31193 and three secondary specialties: 9301, 1542, and 21193. His record is void of orders verifying the effective dates associated with the award of these military specialties.
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. Section III of the regulation in effect at the time provided instructions pertaining to preparation and distribution of the DD Form 214. It states:
a. For item 23a, enter primary MOS code number, title, and date of award.
b. For item 25, enter service schools, including major courses which were successfully completed, and military-sponsored courses completed in civilian schools and colleges for the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The fact that he successfully completed the requested military training courses and was awarded additional military specialties is not in question. However, the evidence shows the applicant completed these courses after the inclusive dates of his DD Form 214; therefore, they are not authorized entries.
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 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) AR20130014342
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ABCMR Record of Proceedings (cont) AR20130014342
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