IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140005253
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 (Certificate of Release or Discharge from Active Duty) to show he completed the Special Forces Officer Course.
2. The applicant states he completed the Special Forces Officer Course in 1965 and it is not listed on his DD Form 214.
3. The applicant provides:
* U.S. Army Special Warfare School letter, dated 9 July 1965, showing he completed the Special Forces Officer Course
* DA Form 1059 (Academic Report), dated 4 August 1965, showing he completed the Special Forces Officer Course
* 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is a retired Regular Army infantry major.
3. His DA Form 2-1 (Personnel Qualification Record) shows in item 17 (Civilian Education and Military Schools) he completed the 12-week Special Forces Officer Course in 1965.
4. He was retired effective 31 January 1980 as a major. Item 14 (Military Education) of his DD Form 214 does not list completion of the Special Forces Officer Course.
5. He provides a DA Form 1059 showing he completed the Special Forces Officer Course that was conducted from 18 April 1965 to 9 July 1965 at Fort Bragg, North Carolina.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, provides detailed instructions for completing separation documents, including the DD Form 214. It provides that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. It states for item 14, list in-service training courses; title, number of weeks year successfully completed during this period of service; e.g., medical, dental, electronics, supply, administration, personnel, or heavy equipment operations.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant completed the 12-week Special Forces Officer Course in 1965 at Fort Bragg, North Carolina.
2. In view of the foregoing, the applicant's request should be granted.
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
adding to his DD Form 214 in item 18 (Remarks) the entry "Item 14 cont'd: Special Forces Officer Course, 12 weeks (1965)."
____________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) AR20100026573
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20140005253
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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