BOARD DATE: 16 April 2015
DOCKET NUMBER: AR20140014593
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 his training and education.
2. The applicant states item 6, in effect item 13b (Type of Certificate), of his
DD Form 214 shows he was not issued a certificate; but he has a certificate for completion of the Chemical Entry Course. Item 25 (Education and Training) states "None," which is also incorrect.
3. The applicant provides a copy of a Certificate for Completion of the Chemical Entry Course Class C, dated 26 August 1966.
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. On 13 April 1966, the applicant was inducted into the Army of the United States and completed the training requirements of a chemical specialist.
3. On 6 April 1968, he was honorably released and transferred to the U.S. Army Reserve (USAR) in the rank of specialist five/pay grade E-5. His awards include the National Defense Service Medal, Good Conduct Medal, and Expert Marksmanship Qualification Badge with Rifle Bar (M-14).
4. The applicant believes item 6 of his DD Form 214 show no certificate was issued. However, item 6 is the "Date of Rank" entry. The applicant seems to actually be referring to item 13b which refers to the type of discharge certificate issued.
5. Army Regulation 635-5 (Separation Documents) sets forth the policy and procedures for completion of separation documents including the DD Form 214. At that time, the directions for completing the various items provided:
* item 6-enter the date of rank
* item 13b-enter the type discharge certificate issued
* item 25 (Education and Training Completed)-"Enter service schools
includes the highest civilian education level acquired during this period of service if appropriate." The instructions specific to enlisted personnel state to enter installation training courses (qualification courses) military correspondence courses, and off duty courses."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his Chemical Entry Course certificate be entered in item 13b of his DD Form 214 and the course title be listed in item 25.
2. However, item 13b on the applicant's DD Form 214 is correctly annotated "None," because he was not issued a discharge certificate; he had not finished his USAR obligation.
3. According to Army Regulation 635-5, item 25 of his DD Form 214 should be corrected by listing the "Chemical Entry Course Class C."
4. In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicants DD Form 214 as recommended below.
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 adding in item 25 of his DD Form 214 the "Chemical Entry Course Class C."
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 listing the Chemical Entry Course Class C certificate in item 13b of 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) AR20140014593
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ABCMR Record of Proceedings (cont) AR20140014593
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