IN THE CASE OF:
BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150001745
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 (Armed Forces of the United States Report of Transfer or Discharge) to show he attended the 7th U.S. Army Noncommissioned Officers' Academy and graduated on 6 February 1970.
2. The applicant states:
* this is not reflected on his DD Form 214
* he hopes he will receive credit for attending this very strict and highly regarded academy
* this was one of the highlights of his military career and he took great pride in completing this very demanding course
* he believes that he deserves to have this course be a part of his list of accomplishments during his the Vietnam era service
* he also volunteered to go to Vietnam, but he had a brother in the Air Force in Cam Rhan Bay at the time
* he was the sole surviving son, his orders were changed, and he was sent to Germany
3. The applicant provides a graduation ceremony program from the 7th U.S. Army Noncommissioned Officers' Academy and 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 on 18 March 1968. He served in Germany from 19 October 1969 to 7 March 1971.
3. Block 27 (Military Education) of his DA Form 20 (Enlisted Qualification Record) does not indicate he graduated from the 7th U.S. Army Noncommissioned Officers' Academy.
4. He provided a graduation program from the 7th U.S. Army Noncommissioned Officers' Academy for Class 70-8, Student Detachment "B." The program indicates this class entered the academy on 5 January 1970 and graduated on 6 February 1970. The applicant's name is not listed on the program.
5. His service record is void of a certificate or diploma which shows he graduated from the 7th U.S. Army Noncommissioned Officers' Academy.
6. The applicant was released from active duty on 8 March 1971 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).
7. His DD Form 214 does not show he completed training at the 7th U.S. Army Noncommissioned Officers' Academy.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. For enlisted personnel, enter installation training courses (qualified courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he attended the 7th U.S. Army Noncommissioned Officers' Academy and graduated on 6 February 1970 is acknowledged.
2. He provided a graduation ceremony program from the 7th U.S. Army Noncommissioned Officers' Academy for the Class 70-8, which graduated on
6 February 1970. However, his name is not listed on the program indicating he was a graduate from the Academy.
3. His service record is void of a certificate or diploma that confirms he graduated from this Academy on 6 February 1970.
4. In view of the foregoing, it appears that there is an insufficient evidentiary basis for granting the applicant's 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) AR20150001745
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ABCMR Record of Proceedings (cont) AR20150001745
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