RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 September 2005
	DOCKET NUMBER:  AR20050001092 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Ms. Beverly A. Young

Analyst

The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. John Meixell

Member

Mr. Larry Olson

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show he completed an unspecified training course.

2.  The applicant states that the training he received prior to being transferred to Battery A, 6th Battalion, 33rd Artillery is omitted from his records.  The information regarding this training could be crucial for completion of a Department of Veterans Affairs claim.  

3.  The applicant provides a Certificate of Training with accompanying letter and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 27 July 1968.  The application submitted in this case is dated 12 December 2004.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 2 August 1966.  He completed basic combat training and advanced individual training in military occupational specialty 13A (Field Artillery, Basic).  

4.  The applicant's Certificate of Training dated 14 April 1967 shows he completed the Unit Chemical, Biological and Radiological (CBR) Course at Fort Benning, Georgia on 14 April 1967. 

5.  The applicant was honorably released from active duty on 27 July 1968.  His DD Form 214 does not list any training courses in item 25 (Education and Training Completed).

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  In pertinent part it stated that installation training courses (qualifications courses), military correspondence courses, and off-duty courses the enlisted person had completed successfully during the period covered by the DD Form 214 will be entered in item 25.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a Certificate of Training, which shows he successfully completed the Unit CBR Course in April 1967.  Therefore, this course should be added to his DD Form 214.

2.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 27 July 1968; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 July 1971.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

WP______  JM______  LO______  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 and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 25 on his DD Form 214 to show the entry "Unit CBR Course, Fort Benning, Georgia, 1967."




William Powers________
          CHAIRPERSON


INDEX

CASE ID
AR20050001092
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20050908
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES         1.
100.0700
2.

3.

4.

5.

6.