IN THE CASE OF:	  

		BOARD DATE:	  24 July 2014

		DOCKET NUMBER:  AR20130020326 


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 (Report of Separation from the Armed Forces of the United States) to show in:

* Item 3 (Grade, Rate, Rank, and Date of Appointment) - corporal (CPL) temporary (T)
* Item 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad Courses Successfully Completed) - Wire Electronic Repairman Course

2.  The applicant states his DD Form 214 does not list his completion of 21 weeks of the Wire Electronic Repairman Course and does not show his temporary appointment to the rank of CPL.  The Army has never listed this information on his DD Form 214.  He believes the school completion required a military occupational specialty (MOS) of 1186 (electronic equipment repairman).  He has been trying to have this corrected since 1954.  He has no evidence and the Army has all the records.

3.  The applicant provides no additional 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 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there are sufficient documentation contained in a reconstructed record and those submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The applicant's available records show he was inducted into the Army of the United States, in pay grade E-1, on 23 September 1952.  His DA Form 20 (Enlisted Qualification Records) lists in:

* Item 38 (Military Education) - the:

* Manual Central Office Maintenance Course in MOS 3095 (Manual Central Office Maintenance Man), 15 weeks, April 1953
* Wire Electronic Repairman Course in MOS 1198, 19 weeks,1953

* Item 41 (Classification in MOSs) - the:

* Company Maintenance Helper, 332, 1 April 1953
* Manual Central Office Maintenance Man, 3095, 1 April 1953
* Service Equipment Repairman, 294, 2 November 1953
* Wire Electronic Repairman, 1186, 2 November 1953

* Item 45 (Grade Status) – he was promoted to:

* E-1 on 23 September 1952
* E-2 on 23 April 1953
* E-3 on 12 April 1954

* Item 46 (Record of Current Service) – he served in MOS 1186 from 24 September 1952 through 21 June 1954


4.  He was released from active duty on 25 June 1954 and was transferred to the U.S. Army Reserve.  His DD Form 214 lists in:

* Item 3 - PFC (T) 12 April 1954
* Item 30 - the:

* Southeastern Signal School (TSESS), Camp Gordon, GA, Manual Central Office Maintenance Course, December 1952 to April 1953
* Signal School, Fort Monmouth, NJ, Wire Electronic Repairman Course, April 1953 to November 1953

* Item 31 (Service Training Courses Successfully Completed) - None 

5.  There is no available evidence showing he was promoted or appointed to CPL (T) or that he completed any short training courses during his period of active duty.

6.  In a letter, dated 15 October 1991, the U.S. Army Reserve Personnel Center advised him that their records indicated his DD Form 214 was correct.

7.  In a letter, dated 20 November 1995, the Chief, Records Reconstruction Branch, advised him of the following:

   a.  A thorough review of his service record verified that he had completed the Manual Central Office Maintenance Course for MOS 3095 at the TSESS at Camp Gordon, GA, with a very satisfactory rating in April 1953.

   b.  The records also indicated that he had completed the Wire Electronic Repairman Course for MOS 1186 at the Signal School at Fort Monmouth, NJ, in November 1953, with a very satisfactory rating.  It was noted that his DD Form 214 reflected that same information.  Item 30 of his DD Form 214 listed the school names, dates, and courses.  

   c.  Item 31 of his DD Form 214 which listed "None" referred to short training courses which a serviceman might have attended.  They were enclosing copies of all available records pertaining to his training for his review and discernment of whether that remark was incorrect.  If he still felt than an error existed on his DD Form 214, he could apply to the ABCMR.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:
* Item 1 – would list the grade/rank at time of separation and date of appointment to that grade
* Items 30 - would list the service school(s) names, dates (from-to) attended, and the name(s) of the course(s) the Soldier successfully completed; there were no provisions for listing the duration of the course
* Item 31 – would list the name(s) of service training course(s) the Soldier successfully completed

9.  Department of the Army (DA) Pamphlet 20-21 (The Army School Catalog), dated August 1950, provided that classification in military occupational specialty (MOS) 3095 was a prerequisite to being trained in MOS 2187 (Repeaterman).  It stated that the MOS 3095 course was 21 weeks (approximately 5 months) in duration; the MOS 2187 course was 24 weeks in duration.  The pamphlet also stated the Wire Electronic Repairman Course was 30 weeks (approximately 7 months) in duration.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant was promoted to the rank of PFC/E-3 (T) on 12 April 1954.  There is no evidence of record and he provided none to show he was promoted to or held the rank of CPL (T) during his period of active duty.  At the time of his separation from active duty on 25 June 1954 he was serving in the temporary rank of PFC.  Therefore, his rank of PFC was properly listed on his DD Form 214.  He is therefore not entitled to corrections of item 3 of his DD Form 214 to his rank as CPL.

2.  The available evidence shows he completed both the Manual Central Office Maintenance Course for MOS 3095 in April 1953 and the Wire Electronic Repairman Course for MOS 1186 in November 1953.  Those courses are properly listed on his DD Form 214.  

3.  Based upon guidance in DA Pamphlet 20-21, the Manual Central Office Maintenance Course is a 21-week course.  The evidence shows he attended the Wire Electronic Repairmen Course from approximately 2 April through 2 November 1953 which is listed in the DA Pamphlet as a 30-week course.  However, regulations in effect at the time did not provide for listing the duration of the course, only the dates attended.  Therefore, item 31 of his DD Form 214 is correct. 

4.  In view of the foregoing, he is not entitled to the requested relief.



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)                                         AR20130020326





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ABCMR Record of Proceedings (cont)                                         AR20130020326



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