RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 23 August 2005
DOCKET NUMBER: AR20040007257
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. Rosa M. Chandler | |Analyst |
The following members, a quorum, were present:
| |Ms. Kathleen A. Newman | |Chairperson |
| |Mr. William D. Powers | |Member |
| |Ms. Marla J. N. Troup | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be issued a DD Form 256A (Honorable
Discharge Certificate) for the period from 2 July 1964 to 1 July 1970.
2. The applicant states that he has never received his Honorable Discharge
Certificate.
3. The applicant provides in support of his request a copy of his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error which occurred
on
30 June 1967. The application submitted in this case is dated 8 September
2004.
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 records show that he enlisted in the Regular
Army for
3 years on 3 July 1964. He completed the training requirements and he was
awarded military occupational specialty (MOS) 63B, Wheel Vehicle Mechanic.
4. The applicant served in Germany from 22 January to 5 December 1965
until he was assigned to the 565th Transportation Company, Vietnam on
31 December 1965. He served in Vietnam during the Vietnam Advisory and
Vietnam Defense campaigns. On 25 December 1966, he returned to the United
States and was assigned to Fort Knox, Kentucky.
5. The applicant's DD Form 214 shows that, on 30 June 1967, he was
honorably released from active duty and transferred to the United States
Army Reserve (USAR). His DD Form 214 also shows he was awarded the
National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign
Medal and the Sharpshooter Marksmanship Qualification Badge (Rifle). Item
13b (Type of Certificate Issued) is annotated to show "None."
6. Effective 1 July 1970, the applicant was honorably discharged from the
USAR.
7. Army Regulation 635-5 (Personnel Separations-Separation Documents)
provides prescribes policies and procedures policies and procedures
regarding separation documents). It also implements DOD Instruction 1336.1
(Certificates of Release or Discharge from Active Duty. Paragraph 2-10
provides that a DD Form 256A (Honorable Discharge Certificate) is
appropriately issued to all Soldiers receiving an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was not issued a Honorable
Discharge Certificate at the time of his discharge from the USAR.
2. Therefore, it would be appropriate to issue the applicant a Honorable
Discharge Certificate for the period of service from 2 July 1964 to 1 July
1970.
BOARD VOTE:
__kan___ __wdp___ __mjnt__ GRANT RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 issuing him a Honorable Discharge
Certificate for the period of service from 2 July 1964 to 1 July 1970.
Kathleen A. Newman
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040007257 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050823 |
|TYPE OF DISCHARGE |(HD) |
|DATE OF DISCHARGE |19670630 |
|DISCHARGE AUTHORITY |AR635-200 |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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