IN THE CASE OF:
BOARD DATE: 25 September 2014
DOCKET NUMBER: AR20140002918
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 removal of "Cook, 8 Weeks" in item 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states he never attended cook training.
3. He provides 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. The applicant enlisted in the Regular Army (RA) on 22 September 1969. His enlistment contract shows he enlisted for army career group 64 (Motor Transportation).
3. Special Orders Number 365, dated 31 December 1969, show he was trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver) effective 9 January 1969.
4. His DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (MOSs) Primary (P) PMOS 94B Cook, 9 January 1970, is lined through. The PMOS of 64A, Light Vehicle Driver, 9 January 1970, is also lined through. The PMOS of 64C, Motor Transport Operator, 26 July 1971, is listed.
b. Item 27 (Military Education) "Cook, 94B2O, Fort Leonard Wood, MO,
8 weeks, 1969.
c. Item 38 (Record of Assignments) lists the effective date, duty MOS, and Principal Duty as follows:
* 26 September 1969, 09B (Trainee), Basic Training (BCT)
* 22 November 1969, 64A, Advanced Individual Training (AIT)
* 10 January 1970 Casual, En route to U.S. Army Europe (USAREUR)
* 20 January 1970, 64A, Light Vehicle Driver
* 5 March 1971, Student, Replacement Detachment, U.S. Army Pacific (USARPAC)
5. The applicant was honorably released from active duty on 29 January 1972 and he was credited with completing 2 years, 4 months, and 8 days of active duty service. His DD Form 214 shows in item 25 "Cook, 8 weeks."
6. The applicant's record is void of any evidence, other than his DA Form 20, to show he was trained as a cook for 8 weeks.
7. Army Regulation 635-5 (Separation Documents) at the time established standardized policy for preparing and distributing the DD Form 214. Paragraph 2-4, in pertinent part, requires the preparer to enter in item 25 the service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's DA Form 20 shows he completed an 8-week cook course in 1969, the preponderance of the evidence of record shows otherwise. The evidence shows the applicant enlisted in the RA on 22 September 1969 for army career group 64. It further shows he attended BCT and AIT from
26 September 1969 to 9 January 1970 and he was subsequently awarded MOS 64A as his PMOS.
2. There is no evidence to show he ever attended cook training as indicated on his DD Form 214. Therefore, he is entitled to correction of his DD Form 214 to remove "Cook, 8 Weeks."
BOARD VOTE:
____X____ ____X____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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 amending item 25 of his DD Form 214 by removing the entry "Cook, 8 Weeks."
____________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) AR20140002918
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ABCMR Record of Proceedings (cont) AR20140002918
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