IN THE CASE OF: BOARD DATE: 9 August 2012 DOCKET NUMBER: AR20110023508 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 (Report of Separation from Active Duty), dated 26 July 1976, to show he completed the SAM 31, Small Arms Organization Maintenance, as his secondary military occupational specialty (SMOS). 2. The applicant states the training was given on 29 August 1975 by the Seventh Army Combined Arms Training Center in Germany and it does not appear on his DD Form 214. 3. The applicant provides a copy of a Seventh Army Combined Arms Training Center Certificate of Completion. 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 31 July 1974. He completed training and was awarded primary MOS 71B (clerk typist) on 14 December 1974. 3. The applicant submits a Seventh Army Combined Armed Training Center Certificate of Completion, which certifies that he successfully completed the SAM 31, Small Arms Organizational Maintenance Course. The certificate shows the course was given during the period 18 August through 29 August 1975. 4. On 26 July 1976, the applicant was honorably released from active duty and was transferred to the U.S. Army Reserve Control Group (Annual Training). Item 17a. (Secondary Specialty Number and Title) on his DD Form 214 shows the entry "NA." 5. A review of the applicant's official military records does not show that he was ever awarded an SMOS. 6. Army Regulation 635-5 (Separation Documents) is the authority for the preparation of the DD Form 214. The regulation in effect at that time provides the following: a. enter the MOS code, title, and date of award in item 17a.; and b. item 27 (Remarks) will be used for entries authorized by Headquarters Department of the Army for which a separate item is not available on the DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted. 2. There is no evidence in the applicant's official military record showing that he was ever awarded an SMOS. Therefore, the entry "NA" was properly annotated in item 17a. on his DD Form 214. 3. The applicant does submit a Seventh Army Combined Armed Training Center Certificate of Completion, which certifies that he successfully completed the SAM 31, Small Arms Organizational Maintenance Course. The certificate shows the course was given during the period 18 August through 29 August 1975. In accordance with the applicable regulation item 27 will be used for entries authorized by Headquarters, Department of the Army for which a separate item is not available on the DD Form 214. 4. In view of the forgoing, it would be appropriate to amend item 30 on his DD Form 214 to show he completed the SAM 31, Small Arms Organizational Maintenance Course. 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 amending item 27 on his DD Form 214, dated 26 July 1976, to show he completed the SAM 31, Small Arms Organizational Maintenance Course during the period 18 August through 29 August 1975. 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 amending item 17a. on his DD Form 214 to show he completed the SAM 31, Small Arms Organization Maintenance Course as his SMOS. _________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) AR20110023508 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110023508 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1