IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004426 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 reflect his completion of infantry advanced individual training (AIT). 2. The applicant states: * he graduated from infantry AIT at Fort Dix, NJ * the Expert Marksmanship Qualification Badge (M-60) which he received was only awarded in infantry AIT * he was a holdover after graduation, serving as an assistant drill instructor for the next cycle while awaiting his next assignment * he is unsure why it was omitted from his DD Form 214 * he was the only person in his company, the 66th Engineer Company (Topographic), with advanced infantry training and as such he was placed in charge of security details on numerous topographic reconnaissance missions * with his infantry background, he was also sent on temporary duty with the 1st Infantry Division as convoy security * he hasn't used his DD Form 214 since his separation and only became aware of the error after the Department of Veterans Affairs informed him this information was needed for health reasons 3. The applicant provides 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 15 December 1965 for Army Career Group 11 (Infantry). 3. U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 32, dated 1 February 1966, directed the applicant's release from Training Company I, 2nd Basic Combat Training Brigade 1387, where his primary military occupational specialty was 09BOO (Trainee) to U.S. Army Training Company Infantry, Fort Gordon, GA, for training in military occupational specialty (MOS) 11B (Infantry) with a reporting date of on or about 5 March 1966. 4. His records contain no documents amending or rescinding the above orders. Nonetheless, his records contain U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 60, dated 1 March 1966, directing the applicant's reassignment as a trainee from Training Company I, 2nd Basic Combat Training Brigade 1387, to Training Company K, 1st AIT Brigade 1387, for training in MOS 11B with a reporting date of on or about 19 March 1966. 5. U.S. Army Training Center, Infantry, Fort Dix, NJ, Special Orders Number 120, dated 30 April 1966, directed the applicant's release from assignment as a trainee from Training Company K, 1st AIT Brigade 1387, to assignment to Training Company G, 5th Combat Support Training Brigade, for training in MOS 71H (Personnel Specialist) with a reporting date of on or about 2 May 1966. 6. His DA Form 20 (Enlisted Qualification Record) shows: * his duty MOS as 71B2O (Clerk Typist) * he held MOSs of 81C (Cartographer/Draftsman) and 71B * he completed military education in 71A1O (Basic Army Administration) * his record of assignments between December 1965 and September 1967 include basic combat training at Fort Dix, NJ; 11B AIT at Fort Dix, NJ; and 66th Engineer Company (Topographic), at Fort Bragg, NC 7. On 16 September 1968, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). His DD Form 214 listed his MOS at the time of release as 81C. Item 25 (Education and Training Completed) shows Basic Army Administration, U.S. Army Training Center Infantry, 8 weeks, 1966. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. This regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form is complete and accurate and reflects the conditions as they existed at the time of separation. It stated that service schools, including dates and major courses which were successfully completed, were to be entered in item 25. This entry also included military-sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214 being prepared. 9. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to reflect his completion of infantry AIT was carefully considered. 2. While there is evidence in his records that he attended infantry AIT, there is no evidence corroborating his claim that he completed the course. His records indicate he attended infantry AIT for roughly 44 days from on or about 19 March 1966 through 2 May 1966, which falls short of the normal 8-week AIT course. 3. Orders show he was released from Training Company K, 1st AIT Brigade, at Fort Dix on 2 May 1966 while still identified as a trainee and not as an infantryman for training as a personnel specialist with Training Company G, 5th Combat Support Training Brigade, also at Fort Dix. His records do not indicate he was ever awarded the MOS 11B which would normally be awarded upon completion of infantry AIT. 4. The completion of a service school or course of training is required for its annotation on the DD Form 214. Absent documentation corroborating his claim of completion of infantry AIT, regularity is presumed in the preparation of his DD Form 214. 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 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) AR20150004426 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004426 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1