IN THE CASE OF:
BOARD DATE: 1 July 2014
DOCKET NUMBER: AR20130018305
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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show completion of combat medic school.
2. The applicant states he completed combat medic school at Fort Sam Houston, TX, from September to November 1954.
3. The applicant does not provide any evidence.
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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army for 3 years on 17 June 1954. His DD Form 214 also shows in:
a. item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed) the entry "Signal School, Germany" in sub-item 28a (Name of School); the entry 1955 and 8 weeks in sub-item 28b (Dates), and the entry "Inter[mediate] Med[ical] Sp[ecialist] Radio Op[e]r[ator]" in sub-item 28c (Major Courses).
b. Item 29 (Other Service Training Courses Successfully Completed), the entry "None."
4. His DD Form 214 further shows at the time of his separation he held military occupational specialty 051.10 (Intelligence Specialist, Radar Operator) and his most significant duty assignment (i.e., last duty assignment) was with Headquarters and Headquarters Company, 9th Medical Battalion, Fort Carson, Colorado.
5. He was honorably released from active duty on 14 June 1957 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. He completed 2 years, 11 months, and 28 days of creditable active military service of which 1 year, 11 months, and 14 days was foreign service.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of their military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for:
* Item 28, enter service schools, including dates and major courses which were successfully completed; this entry includes military sponsored courses completed in civilian schools and colleges during the period by the DD Form 214 being prepared
* Item 29, enter installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person has completed successfully during the period covered by the DD Form 214 being prepared
DISCUSSION AND CONCLUSIONS:
The applicant was last assigned to the 9th Medical Battalion at Fort Carson, Colorado. It is possible he attended the referenced course; however, his service records are not available for review with this case. As such, a certificate or diploma confirming his attendance to combat medic school or the dates of such attendance could not be located. He did not provide any documents in support of his contention. Therefore, there is insufficient evidence to add such school to his DD Form 214.
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) AR20130018305
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ABCMR Record of Proceedings (cont) AR20130018305
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