IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130016080
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 his education and training to operate the following military vehicles and heavy equipment:
* Military jeep (1/4 ton)
* Truck (2 1/2 ton)
* Truck (5 ton)
* Forklift
* Mobile crane
2. The applicant states he did not receive credit for being licensed to operate military equipment while at Fort Eustis, Virginia. He needs this correction as support for his disability claim.
3. The applicant provides no additional documentation.
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. Records show the applicant was inducted into the Army of the United States on 21 April 1969. He completed basic combat training at Fort Bragg, North Carolina.
3. Special Orders Number 131, Fort Eustis, Virginia, dated 2 July 1969, assigned the applicant to the 105th Transportation Company. The special instructions in this order stated he was to receive on-the-job (OJT) training in military occupational specialty 57A (Longshoreman).
4. The applicant's DA Form 20 (Enlisted Qualification Record) shows:
a. in Item 22 (MOSs) he was awarded MOS 57A on 30 October 1969;
b. in Item 27 (Military Education): blank;
c. in Item 28 (Specialized Training):
* Uniform Code of Military Justice (UCMJ), 25 April 1969
* Benefits of an Honorable Discharge, 25 April 1969
* Code of Conduct, 28 April 1969
* Army Training Program, 20 June 1969
* Chemical, Biological, and Radiological Training, undated
d. in Item 32 (Civilian Education): 9 years completed in 1967; and
e. in Item 37 (Occupational Licenses or Certificate Held): blank.
5. On 13 April 1971, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training). His DD Form 214 shows in Item 25 (Education and Training Completed): None
6. Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. Item 25 (Education and Training Completed) was to contain the service schools, including major courses which were successfully completed, installation training, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his education and training to operate the following military vehicles and heavy equipment:
* Military jeep (1/4 ton)
* Truck (2 1/2 ton)
* Truck (5 ton)
* Forklift
* Mobile crane
2. The available evidence of record does not show that the applicant received any formal training or was licensed to operate any military vehicle or heavy equipment. Furthermore, the applicant has not provided any documentation showing any such training or licensing. Therefore, he request should be denied.
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 that 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) AR20130016080
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ABCMR Record of Proceedings (cont) AR20130016080
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