Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001053194C070420
Original file (2001053194C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 02 AUGUST 2001
         DOCKET NUMBER: AR2001053194


         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. Deborah L. Brantley Senior Analyst


The following members, a quorum, were present:

Mr. Raymond J. Wagner Chairperson
Ms. Barbara J. Ellis Member
Mr. John P. Infante Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his records be corrected to show that he was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) reflecting his active duty service between 14 February 1957 and 7 June 1957. In support of his request he submits a copy of his NGB Form 23 (National Guard Bureau Retirement Credits Record), a copy of a certificate showing completion of the Medical Laboratory Specialist Course at Fort Chaffee, Arkansas on 7 June 1957, and a copy of his 1957 record of income from the Baltimore Social Security Administration. The applicant notes that he was referred to this Board by The Adjutant General, Military Department of Arkansas after attempts to secure a copy of his 1957 DD Form 214 via the Arkansas National Guard was unsuccessful. He states that he needs the DD Form 214 for his “Federal Civilian retirement time.”

3. The only documents associated with the applicant’s military service were those submitted by the applicant in support of his petition to this Board. Those documents show that the applicant was a member of the National Guard between November 1953 and July 1960. During those years his Retirement Credits Record indicates he was activated for two weeks each summer between 1954 and 1959. In 1957 the record shows that he was activated for two 2 week periods (3 August-18 August and 24 September-22 October) in addition to being activated from 14 February 1957 through 7 June 1957. The certificate of completion he submitted shows that he successfully completed the Medical Laboratory Specialist Course at Fort Chaffee on 7 June 1957, although the certificate was “given at Brooke Army Medical Center, Fort Sam Houston, Texas.” The 7 June 1957 certificate indicates the applicant was serving in the rank of Specialist Third Class at the time. However, his NGB Form 23 indicates that as of July 1960 the applicant was serving in the rank of Specialist Five.

4. The Social Security Administration statement of earnings, provided by the applicant in support of his request, indicates he was paid by officials at Brooke Army Medical Center and Fort Chaffee consistent with the period of active duty (February-June 1957) for which he now seeks a DD Form 214.

5. Army Regulation 635-5, then in effect, stated that “members of the reserve components ordered to active duty for more than 90 days will be furnished [a] DD Form 214 upon release from active duty, regardless of the actual number of days served.”

CONCLUSIONS:

1. The absence of more extensive military records makes it impossible for the Board to determine exactly what happened in the applicant’s case, including whether he was issued a DD Form 214 at the time or not. The available evidence does, however, support a conclusion that the applicant was on active duty between 14 February 1957 and 7 June 1957 while undergoing training as a medical laboratory specialist and he should have received a DD Form 214.

2. Notwithstanding that conclusion, however, is the fact that other than the applicant’s rank, and period of active duty, no other information regarding his active duty service is available, making the completion of a DD Form 214 at this point difficult, if not impractical. As such the Board concludes that it would be more appropriate to issue the applicant a “Certification of Military Service” reflecting his active duty between 14 February 1957 and 7 June 1957 rather than try and recreate a DD Form 214 with limited information.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by issuing the individual concerned a Certification of Military Service reflecting his honorable active duty as a member of the National Guard between 14 February 1957 and 7 June 1957 as an alternative to a DD Form 214.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

__RJW__ __BJE _ __JPI____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ____Raymond J. Wagner _
                  CHAIRPERSON




INDEX

CASE ID AR2001053194
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010802
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 110.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2012 | 20120021626

    Original file (20120021626.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: a. award of the Army Good Conduct Medal, Humanitarian Service Medal (HSM), and Sharpshooter Marksmanship Qualification Badge for the light anti-tank weapon (LAW), and b. his year of birth as 1957. Army Regulation 600-8-22 (Military Awards) states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during...

  • ARMY | BCMR | CY2002 | 2002078721C070215

    Original file (2002078721C070215.rtf) Auto-classification: Denied

    EVIDENCE OF RECORD : The applicant's military records show: Court-Martial Order Number 17, published by Headquarters, Fourth United States Army, dated 14 April 1958. Army Regulation 635-204 provided the policy for discharge of enlisted personnel pursuant only to approved sentences of a general court-martial empowered to impose a dishonorable discharge.

  • ARMY | BCMR | CY2012 | 20120002394

    Original file (20120002394.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 27 September 2012 DOCKET NUMBER: AR20120002394 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His DA Form 20 (Enlisted Qualification Record) shows in Item 33 (Record of Assignments) the applicant: a. entered the basic combat training course at Fort Chafee, on 22 November 1955; b. entered advanced individual training at Fort Lewis, on 15 February 1956; c. was assigned to the 9th Infantry Regiment at Fort Lewis on 21 April 1956 with duty as an ammunition...

  • ARMY | BCMR | CY2008 | 20080014784

    Original file (20080014784.txt) Auto-classification: Denied

    The applicant, the widow of the deceased former service member (FSM), requests, in effect, correction of her late husband’s military records to show award of the Army Service Medal [Ribbon] and all other awards and decorations. The applicant states, in effect, that the FSM’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) does not show award of the Army Service Ribbon or any other awards. The FSM did not serve on active duty during a period authorized award...

  • ARMY | BCMR | CY2002 | 2002073105C070403

    Original file (2002073105C070403.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS:...

  • ARMY | BCMR | CY2009 | 20090000890

    Original file (20090000890.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by credited her with participation in the 1980 and 1981 Cuban Campaigns. Although the applicant received a letter of commendation for providing support to the Cuban Resettlement Program at Fort Chaffee, Arkansas, from 2 August 1980 through 4 November 1980, there is...

  • ARMY | BCMR | CY1996 | 9605277C070209

    Original file (9605277C070209.TXT) Auto-classification: Denied

    During the investigation, two individuals told the IO that the applicant used racial slurs when speaking of the rated NCO, who was black. Based upon the 29 March 1994 SJA review of the NCOER investigation, the Commanding General (CG), 5th Army, issued the applicant a GOMOR on 15 April 1994. The allegation that the applicant used racial slurs in speaking of black soldiers was reported, but never investigated.

  • ARMY | BCMR | CY2015 | 20150000794

    Original file (20150000794.txt) Auto-classification: Denied

    He departed Korea in the rank of PV2 on 1 November 1956 and was transferred to Fort Sheridan, Illinois where he was honorably released from active duty (REFRAD) on 1 December 1956 in the rank of PV2 (permanent) with a date of rank of 4 August 1956. A review of the available records failed to reveal why the applicant was reduced in grade from temporary E-3 to permanent E-2 and the applicant has not provided evidence to show that he should not have been reduced in grade. Army Regulation...

  • ARMY | BCMR | CY2003 | 2003091481C070212

    Original file (2003091481C070212.rtf) Auto-classification: Denied

    The FSM's military records are not available to the Board for review. Accordingly, lacking evidence to show that he was injured as a result of action by the enemy during WWII, that medical treatment was rendered and made a matter of record for that injury, there is no basis to award the FSM the Purple Heart at this time. While it is unfortunate that the records to substantiate the applicant's claim are not available for the Board's review, based on the available evidence, the Board is...

  • ARMY | BCMR | CY2015 | 20150001404

    Original file (20150001404.txt) Auto-classification: Approved

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1 The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded a Certificate of Achievement and the Humanitarian Service Medal. He was awarded an Army Certificate of Achievement and the Humanitarian Service Medal for his participation, neither of which were listed on his DD Form 214 when he processed out of the Army. As a result, the Board recommends that all...