IN THE CASE OF:
BOARD DATE: 8 October 2015
DOCKET NUMBER: AR20150003293
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 completed the Ordnance Officer Candidate Course, Jungle Operations Course, and the Airborne Course.
2. The applicant states he recalls that when he was going through the discharge process after returning from Vietnam, he was told he would receive an amended DD Form 214. He has not received that document. He had forgotten about this until he was diagnosed with cancer. He is now a cancer patient with the Veterans' Administration and it was strongly suggested that he get his records updated.
3. The applicant provides copies of the certificates showing he completed the three training courses 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 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's complete military records are not available to the Board for review. The only available documents are those provided by the applicant and they are sufficient for the Board to conduct a fair and impartial review of this case.
3. A DD Form 214 shows:
a. He entered active duty on 12 July 1967.
b. He was released from active duty due to expiration of active duty commitment on 9 July 1969 as a U. S. Army Reserve (USAR) ordnance corps first lieutenant (1LT). He had completed 1 year, 11 months, and 28 days of active duty service during the period covered by the DD Form 214 and he had
10 months of other service.
b. In item 25 (Education and Training Completed) the entry "Supply Management Officer Course."
4. He provides certificates showing he completed the:
a. U. S. Army Ordnance Officer Course at the U. S. Army Ordnance Center and School, Aberdeen Proving Grounds, Maryland, on 12 July 1967;
b. Jungle Operations Course at the U. S. Army School of the Americas, Fort Gulick, Canal Zone, on 1 December 1967; and
c. Airborne Course at the U. S. Army Infantry School, Fort Benning, Georgia, on 19 January 1969.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, provided 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 25, enter 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:
The available evidence shows the applicant completed the U. S. Army Ordnance Officer Course, Jungle Operations Course, and the Airborne Course during his active duty service. Therefore, his DD Form 214 should be corrected to show he completed these three courses.
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 item 25 of his DD Form 214 the
* U. S. Army Ordnance Officer Course
* Jungle Operations Course
* Airborne Course
___________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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ABCMR Record of Proceedings (cont) ARAR20150003293
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