IN THE CASE OF:	  

		BOARD DATE:	 10 March 2015 

		DOCKET NUMBER:  AR20140010754 


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 Transfer or Discharge) to show all of his training and education.

2.  The applicant states, in effect, that a number of his training courses are not listed on his DD Form 214.

3.  The applicant provides copies of his DD Form 214, three photographs, a Certificate of Training, and a personal statement outlining his service and training. 

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 on 30 November 1967, completed training, and was awarded military occupational specialty (MOS) 70A (Clerk).

3.  He served in Vietnam from 4 June 1968 through 4 June 1969.  He is shown to have been awarded primary MOS 71F (Postal Clerk) with his assignment to Vietnam and served in that MOS during his tour in Vietnam.  

4.  On 9 October 1969, he completed additional formal training with award of primary MOS 84D (Audio Specialist).
 
5.  On 6 January 1970, he was awarded secondary MOS 64C (Motor Transport Operator).

6.  On 26 January 1970, he was promoted to specialist five (E-5) in primary MOS 62B (Construction Equipment Repairman) with the withdrawal of primary MOS 83D (Process Photographer).  His orders were amended to show award of primary MOS 64C in lieu of MOS 62B.

7.  On 20 November 1970, the applicant completed the 12 week Department of Defense Project Transition Hospital Housekeeping Management course.

8.  His DA Form 20 (Enlisted Qualification Record) lists his:

   a.  military education in block 27 as: 
   
* Clerk (MOS 70A - 1968) 4 weeks
* Audio Specialist (MOS 84D - 1969) 3 weeks
   
   b.  specialized training in block 28 as: 
   
* Army Training Program (ATP) 21-114 (basic combat training) 
* Code of Conduct 
* Chemical, Biological, Radioactive (CBR) training 
* Geneva Convention 
* Benefits of an Honorable Discharge 
* Uniform Code of Military Justice (UCMJ) 
* Military Justice/Manual of Court-Martial



9.  On 27 November 1970, the applicant was honorably released from active duty.  His DD Form 214 (at block 25) lists his education and training as – 

* Battle Indoctrination
* Code of Conduct
* UCMJ
* Benefits of an Honorable Discharge

10.  Army Regulation 635-5 (Separation Documents) at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time stated for the block 25 entry (Education and Training) enter all 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.  For enlisted personnel, also enter all installation training courses (qualification courses), military correspondence courses, and off-duty courses completed successfully during the period covered by the DD Form 214.  (NOTE: the sample DD Form 214 is blank at block 25 and the term course is not defined.)

11.  DA Pam 351-4, in effect at the time, showed the MOS courses completed by the applicant had durations as follows –

* Clerk – 4 weeks
* Postal Clerk – 2 weeks
* Audio Specialist – 3 weeks
* Process Photographer – 2 weeks
* Motor Transport Operator – 2 weeks

DISCUSSION AND CONCLUSIONS:

1.  Army Regulation 635-5, then in effect, stated all courses, including installation training courses, were to be included on the DD Form 214 in block 25.  However, it did not specify what constituted a course versus a class.  

2.  It has historically been the practice of this Board not to make any correction to a Soldier's records that could conceivably operate to the applicant's disadvantage.  Therefore, the removal of the current entries in block 25 would not be appropriate.

3.  The applicant received training and was awarded the following MOS:  Clerk in 1968, Postal Clerk in 1968, Audio Specialist in 1970, Process Photographer in 1970, and Motor Transport Operator in 1970.  Only the MOS training for Clerk and Audio Specialist are listed on the DA Form 20 and none of this training is included in block 25 on his DD Form 214.  It would be appropriate to include these courses on the DD Form 214.

4.  The applicant also successfully completed a Department of Defense Project Transition 12-week Hospital Housekeeping Management course in 1970.  This was a military sponsored course and according to the regulation, then in effect, it should have been included on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on the DD Form 214, in block 25, his military education and training included the following –

* Clerk – 4 weeks, 1968
* Postal Clerk – 2 weeks, 1968 
* Audio Specialist – 3 weeks, 1970
* Process Photographer – 2 weeks, 1970
* Motor Transport Operator – 2 weeks, 1970
* Hospital Housekeeping Management – 12 weeks, 1970

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 





denial of so much of the application that pertains to adding any additional training courses or classes to the DD Form 214.



      _______ _   _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)                                         AR20140010754



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ABCMR Record of Proceedings (cont)                                         AR20140010754



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