BOARD DATE: 17 December 2015 DOCKET NUMBER: AR20150005740 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 his correct civilian education level, foreign service, and completion of a military training course. 2. The applicant states that he was assigned to C Troop, 2nd Reconnaissance Squadron, 10th Cavalry, Eighth U.S. Army (EUSA), Camp Kaiser, Korea, on the 38th Parallel in 1962–1963. He states that the foreign service shown on his DD Form 214 is wrong. In addition, he completed his General Education Development (GED) High School Equivalency Tests and also the Continuous Wave Radio Operators Course during the period of his military service. He adds that he does not have a copy of the GED diploma or the DD Form 295 (Application for the Evaluation of Learning Experiences during Military Service). 3. The applicant provides copies of three assignment orders and a DA Form 87 (Certificate of Training). 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. A DD Form 4 (Enlistment Record – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 20 February 1962 for a period of 3 years. It also shows in the "Declaration of Applicant" section, item 24 (Civilian Education), block b (High School): Years: "3"; Graduated, "X" in the "NO" box. 3. His DA Form 20 (Enlisted Qualification Record) shows in: * item 17 (Civilian Education): Flint, MI, High School; General; 3 Years; Completed: No; Year: 1960 * item 29 (Foreign Service): Korea from 12 July 1962 through 26 August 1963 – 1 Year, 1 Month * item 33 (Record of Assignments): C Troop, 2nd Reconnaissance Squadron, 10th Cavalry, Korea, effective 23 July 1962 4. His DA Form 24 (Service Record) shows in: * section 2 (Chronological Record of Military Service): C Troop, 2nd Reconnaissance Squadron, 10th Cavalry, from 23 July 1962 to 7 August 1963 * section 5 (Service Outside Continental United States) – * departed Travis Air Force Base – 11 July 1962 [as corrected] * arrived Kimpo, Korea – 19 July 1962 * departed Inchon, Korea – 10 August 1963 * arrived Oakland, CA – 26 August 1963 5. Headquarters, 1st Armored Division (Old Ironsides), Fort Hood, TX, Special Orders Number 273, dated 9 November 1963, placed the applicant on temporary duty to attend the Continuous Wave Radio Operators Course, Class Number 5, at the Fort Hood Noncommissioned Officer (NCO) Academy, Fort Hood, TX, on 15 November 1963. 6. A DD Form 398 (Statement of Personal History), completed by the applicant on 16 February 1964, shows in item 9 (Education), the entry, Lewis Lowell Junior High, Central High, Flint, MI; June 1960; Graduate, a checkmark in the "NO" box. It also shows the applicant placed his signature on the form. 7. The applicant's DD Form 214 shows he entered active duty this period on 20 February 1962, was honorably released from active duty on 19 February 1965, and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had completed 3 years of net active duty service this period. It also shows in: * the Personal Data section, item 10 – * block a (Highest Civilian Education Level Attained): "11 Years" * block b (Major Course or Field): "General" * item 24 (Statement of Service), block c (Foreign and/or Sea Service), the entry, "EUSA" and "1 year, 1 month, 16 days" * item 28 (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed): "None" * item 29 (Other Service Training Courses Successfully Completed): "None" 8. A review of the applicant's military service records failed to reveal evidence that he graduated from high school or that he received a GED diploma. 9. In support of his application the applicant provides the following documents: a. The front page of Headquarters, EUSA Personnel Center (5751), Special Orders Number 19#, dated 19 July 1962, that released the applicant from attachment on 19 July 1962 for assignment to the 7th Administrative Company (Replacement), 7th Infantry Division. b. Headquarters, 2nd Reconnaissance Squadron, 10th Cavalry, Special Orders Number 252, dated 26 November 1962, that appointed the applicant in the permanent grade of private first class (E-3) with a date of rank of 26 November 1962. c. Headquarters, 2nd Reconnaissance Squadron, 10th Cavalry, Special Orders Number 123, dated 18 June 1963, that reassigned the applicant to the 7th Replacement Section on 27 July 1963, for surface transportation aboard the United States Naval Ship Barett (estimated to depart Inchon 28 July 1963), for assignment to the 501st Adjutant General Administrative Company, Fort Hood, TX. (The orders also show a handwritten notation, "We were held over for a month than [sic] shipped out on the [United States Ship] Mann.) d. A Certificate of Training that shows the applicant successfully completed the Continuous Wave Radio Operators Course at the Fort Hood NCO Academy, Fort Hood, TX, on 19 December 1963. 10. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. a. The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date. b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders. The instructions show, in pertinent part, for – * item 10a and item 10b, enter from DA Form 20 * item 24c, enter total active duty outside continental limits of the United States and last oversea theater service was performed (e.g., Foreign and/or Sea Service (EUSA)) * item 28, enter service schools, including dates and major courses which were successfully completed * item 29, enter installation training courses, military correspondence courses, and off-duty courses the enlisted person has completed successfully DISCUSSION AND CONCLUSIONS: 1. Records show the applicant departed the United States on 11 July 1962; served in Korea from 19 July 1962 through 10 August 1963, and returned to the United States on 26 August 1963. a. A computation of this period of overseas service shows the following: 1963  08  26 date returned to the United States - 1962  07  11 date departed the United States =  01  01  15 + _ 1 inclusive day =  01  01  16 net overseas service during this period (EUSA) b. Item 24c of the applicant's DD Form 214 confirms his total foreign service of 1 year, 1 month, and 16 days. Thus, there is an insufficient evidentiary basis for correcting this item. 2. Records show on the date of his enlistment in the U.S. Army the applicant affirmed that he had completed 3 years of high school and he had not graduated. a. On 16 February 1964, the applicant confirmed that he had not graduated from high school. b. There is no evidence of record and the applicant provides insufficient evidence that shows he completed any high school equivalency tests or that he received a GED diploma during the period of service under review. c. His military personnel records, including item 10a of his DD Form 214, show the highest civilian education level he attained was 3 years of high school. Thus, there is an insufficient evidentiary basis for correcting this item. 3. The evidence of record shows that the applicant successfully completed the Continuous Wave Radio Operators Course at the Fort Hood NCO Academy, Fort Hood, TX. Item 29 of his DD Form 214 does not show this training course. 4. In view of the foregoing, it would be appropriate to correct the applicant's 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 to item 29 of his DD Form 214 the entry, "Continuous Wave Radio Operators Course." 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 his civilian education and foreign service. _______ _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) AR20150005740 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005740 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1