RECORD OF PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 January 2004
         DOCKET NUMBER: AR2003090875

         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. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson		Chairperson
Mr. Allen L. Raub		Member
Mr. William D. Powers		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).

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THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests, in effect, that the date of birth entered on his 22 July 1985 separation document (DD Form 214) and the date he entered active duty listed on his 17 October 1976 DD Form 214 be corrected.

2. The applicant states, in effect, that he entered basic training on 15 July 1976 as a member of the Army National Guard (ARNG) and after he successfully completed training, he was given the opportunity to enter the Regular Army (RA). He claims that the date he entered service on his 17 October 1976 DD Form 214 is in error, and that it must have been sometime in mid September 1976. He further asks if he is entitled to receive the Armed Forces Expeditionary Medal (AFEM) even though he did not serve in the Vietnam War.

3. The applicant provides two undated certificates of training and copies of his various separation documents in support of his application.

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of an error or injustice that occurred during his active duty service, which ended on 22 July 1985. The application submitted in this case is dated 1 May 2003.

2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3. The applicant’s military record shows that he enlisted in the ARNG on
20 May 1976, and entered active duty for training (ADT) in that status on 18 July 1976. On 17 October 1976, upon completion of his ADT, the applicant was honorably released from active duty and discharged from the ARNG for the purpose of enlisting in the RA.

4. The DD Form 214 issued to the applicant upon his separation on 17 October 1976, lists his date of birth as 3 July 1954. This document also confirms that at the time of his separation, he had completed 3 months of active duty service,
1 month and 27 days of prior inactive service, and a total of 4 months and
27 days of total service for pay.

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5. On 18 October 1976, the applicant enlisted in the RA and entered active duty in that status. The enlistment contract and all associated documents on file confirm that his date of birth is 3 July 1954.

6. The applicant’s Personnel Qualification Record (DA Form 2-1) confirms that the applicant completed two overseas tours during his tenure on active duty. The first in Korea, from 8 March 1968 through 4 April 1979, and the second in Germany, from 4 July 1982 through 3 September 1984. It also shows that he was promoted to the rank of specialist five (SP5) on 2 May 1981, and that this is the highest rank he attained while serving on active duty. This record also shows that he earned the following awards during his active duty tenure: Army Service Ribbon; Army Good Conduct Medal 2nd Award; Overseas Service Ribbon; and Noncommissioned Officer (NCO) Professional Development Ribbon (2).

7. The applicant continuously served on active duty in the RA until 22 July 1985, at which time he was honorably discharged, under the provisions of chapter 4, Army Regulation 635-200, by reason of expiration of term of service (ETS). The DD Form 214 issued to him on his separation date erroneously lists his date of birth as 3 July 1962, vice 3 July 1954, the correct date of birth recorded in his records. This document does confirm that he completed 5 years and 3 months during the enlistment period, 3 years, 9 months, and 4 days of prior active duty service, and 1 month and 27 days of prior inactive service.

8. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s 22 July 1985 DD Form 214 also shows that he earned the following awards during his tenure on active duty: Army Service Ribbon; Overseas Service Ribbon; Army Good Conduct Medal
(3rd Award); NCO Professional Development Ribbon (2); Sharpshooter Marksmanship Qualification Badge with Rifle Bar; and Marksman Marksmanship Qualification Badge with Hand Grenade Bar.

9. The Military Awards Branch, Human Resources Command, maintains a list of awards issued since the cold war. This list confirms that the AFEM was awarded for service in Korea from 3 July 1965 through 28 March 1973. However, this list also shows that the AFEM was not awarded for service in Korea during the period the applicant served in that country between March 1978 and April 1979, and was never awarded for service in Germany during his tenure on active duty.

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10. Army Regulation 635-5 prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. Chapter 2 contains specific guidance on the preparation of the DD Form 214. It states, in pertinent part, that the date entered active duty this period will be the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.

DISCUSSION AND CONCLUSIONS:

1. The evidence of record and independent evidence provided by the applicant confirm that he entered the ARNG on 20 May 1976, and served in an inactive status until 18 July 1976. Therefore, the entry in Item 15 (Date Entered Active Duty This Period) of the applicant’s 17 October 1976 DD Form 214 is correctly listed as 18 July 1976, the first date he entered active duty. His 1 month and
27 days of inactive service in the ARNG from 20 May through 17 July 1976 is properly accounted for in Item 18d (Prior Inactive Service) of the DD Form 214. Thus, there is no error or injustice related to the service dates entered on the
17 October 1976 separation document in question.

2. The evidence of record does support the applicant’s claim that the date of birth entered on his 22 July 1985 DD Form 214 is incorrect. The applicant’s record contains enlistment contracts and associated documents that confirm his date of birth is 3 July 1954 and not 3 July 1962 as listed on the separation document in question. Thus, it would be appropriate to correct the DD Form 214 in question to show that the applicant’s correct date of birth is 3 July 1954.

3. The applicant is advised that he is not entitled to receive the AFEM based on the overseas service he completed while serving on active duty. The AFEM was authorized for service in Korea from 3 July 1965 through 28 March 1973; however, it was not authorized for service in Korea during the period he served there from March 1978 through April 1979. Further, this award was never authorized for service in Germany during his tenure on active duty.

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BOARD VOTE:

_AR___ __WDP__ __MKP ___ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 5 (Date of Birth) of his 22 July 1985 DD Form 214 to read “540703” vice 620703 as is currently listed; and by providing him a corrected separation document that includes this change.

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 service dates entered on his 17 October 1976 DD Form 214 and to award of the Armed Forces Expeditionary Medal.




                  Margaret K. Patterson
                  CHAIRPERSON

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INDEX

CASE ID	AR2003090875
SUFFIX
RECON
DATE BOARDED	2004/01/15
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1985/07/22
DISCHARGE AUTHORITY	AR 625-200
DISCHARGE REASON	ETS
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 1021	100.0000
2.
3.
4.
5.
6.