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ARMY | BCMR | CY2001 | 2001063398C070421
Original file (2001063398C070421.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 June 2002
         DOCKET NUMBER: AR2001063398


         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
Mr. Luis Almodova Analyst


The following members, a quorum, were present:

Mr. Stanley Kelley Chairperson
Mr. John T. Meixell Member
Mr. Thomas E. O'Shaughnessy, Jr. 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 a characterization of service of "Honorable" be added to the DD Form 214 issued him on his release from active duty on 10 August 1962.

3. The applicant states, in effect, that, "the character of service was left blank on the DD Form 214." Applicant adds, "I believe it should be honorable because I received a DD Form 256A showing an "Honorable" discharge upon completion of my active/inactive service period." The applicant submitted a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period from 15 October 1961 through 10 August 1962 and a copy of his DD Form 256A, Honorable Discharge Certificate, dated the 31st of March 1964, to support his application.

4. The applicant’s military records show that the applicant enlisted in the Wisconsin Army National Guard on 7 April 1958. He was ordered to active duty for training on 17 May 1958. He completed Basic Combat Training on 4 August 1958 at Fort Leonard Wood, Missouri, and was immediately reassigned to Fort Dix, New Jersey, to undergo Advanced Individual Training (AIT) as a Light Weapons Infantryman, Military Occupational Specialty, 111.00. He completed AIT on 16 November 1958 and was honorably released from active duty for training. He was issued a DD Form 214, Report of Transfer or Discharge, and was returned to the Wisconsin Army National Guard. On his release from active duty for training, he had served 6 months net active service.

5. On 6 April 1961, the applicant was honorably discharged for immediate reenlistment in the Wisconsin Army National Guard. He reenlisted on 7 April 1961 for a period of one year.

6. On 15 October 1961, the unit to which he was assigned, Company B, 1st Battalion, 127th Infantry of the 32nd Infantry Division, was mobilized in response to the Berlin Crisis. The unit was sent to Fort Lewis, Washington, to be prepared for possible deployment. After about one year, in August 1962, the 32nd Division returned home to resume its peacetime role. The applicant was released from active duty on 10 August 1962 and returned to state control as a member of the Wisconsin Army National Guard. The applicant was provided a DD Form 214, Report of Transfer or Discharge; however, item 13a, Character of Service, was left blank and the word, "None" appears in item 13b, Type of Certificate Issued. On his release from active duty, the applicant had served 9 months and 26 days net active service during this period.

7. On 6 April 1963, the applicant was honorably discharged from the Wisconsin Army National Guard and was provided an NGB Form 22, Report of Separation and Record of Service in the Army National Guard of Wisconsin. The NGB Form 22 was issued to cover a two year period despite the fact that the applicant had


only reenlisted in the Wisconsin Army National Guard for a period of one year.
A thorough search of the applicant's personnel records failed to turn up any documentary evidence of an amendment or extension of the 6 April 1963 enlistment contract. Accordingly, it appears that he was retained at the convenience of the government.

8. In the course of the above-mentioned review, personnel records were checked thoroughly for any indicators that would have resulted in the characterization of his service as less than honorable. None were found.

9. Item 32 of the NGB Form 22 dated 6 April 1963 shows that the applicant is, "Reverted to USAR control to complete remaining service obligation of 1 yr." He was assigned to the 5303rd Control Group (Reinforcement) XIV US Army Corps, Minneapolis, Minnesota in compliance with Special Orders 71, The Adjutant General's Office of the State of Wisconsin, dated 9 April 1963, to complete his six years Universal Military Training Service Act obligation.

10. The applicant was issued a DD Form 256A, Honorable Discharge, on
31 March 1964, on completion of his Universal Military Training Service Act obligation. He was discharged in the pay grade E-4, the highest grade he held during his active duty, National Guard and Reserve service.

11. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that a DD Form 214 will be prepared for each member of the Army National Guard released after completion of 90 days or more of active duty for training. This same regulation required an entry to describe the character of service and further required that the entry be made in all capital letters. An entry of "None" was mandated for personnel being transferred or returned to ARNGUS or USAR status.

CONCLUSIONS:

1. The applicant enlisted in the Wisconsin Army National Guard, completed all required training, and was mobilized along with his unit in response to the Berlin Crisis. The applicant served with his unit on active duty for a period exceeding the 90 day regulatory minimum as prescribed in AR 635-5 for the characterization of service in Item 13a of the DD Form 214 issued 10 August 1962.

2. Review of personnel records failed to reveal any evidence of personal turbulence, lapses of good judgment, breaches in conduct or efficiency, or any evidence that the applicant was exposed to any action under the Uniform Code of Military Justice for indiscipline. It is therefore reasonable to believe that the applicant's service was honorable throughout the period under review.

3. It is logical to conclude that omission of the characterization is attributable to administrative oversight during the preparation and review of the DD Form 214.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by characterizing the applicant's service during the period from 15 October 1961 through 10 August 1962 as, Honorable. The word, HONORABLE, will be added to Item 13a, of the individuals DD Form 214 for the period of service ending
10 August 1962.

BOARD VOTE:

__sk____ __jtm___ __teo___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION



                           Stanley Kelley
                  ______________________
                  CHAIRPERSON




INDEX

CASE ID AR2001063398
SUFFIX
RECON
DATE BOARDED 20020606
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.0000
2. 110.0000
3.
4.
5.
6.



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