RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070009086 


	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.


Ms. Catherine C. Mitrano

Director

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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 items 22c (Foreign and/or Sea Service), 27a (Insurance in Force), 27b (Amount of Allotment), 27c (Month Allotment Discontinued), 28 (VA (Veterans Administration) Claim Number),                       29 (Servicemen’s Group Life Insurance (SGLI) Coverage), and 30 (Remarks) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 September 1968 be corrected.

2.  The applicant states that item 22c does not show his service in Japan (1948 to 1950), Korea (July to September 1950), or Germany (1952 to 1955); that he did not stop his insurance allotment, and he believes his insurance is still in effect; that his VA claim number is 2------2; that his career began with 11 years of schooling, but he earned his GED (general equivalency diploma) in 1951 and had two years of college credits before he retired; and that his blood group is “A” positive.

3.  The applicant provides his DD Form 214 for the period ending 30 September 1968.

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 8 September 1948.  He was honorably discharged on 7 September 1951.  Item 26 (Foreign and/or Sea Service) of his DD Form 214 for the period ending 7 September 1951 shows he completed 1 year, 8 months, and 21 days of foreign service.  Item 38 (Remarks) shows his blood group as “O.”

3.  The applicant reenlisted on 8 September 1951.  His DA Form 20 (Enlisted Qualification Record), which was prepared on 17 August 1965 and last audited by him on 17 February 1967, shows he earned his GED in 1956 but does not list any other civilian education.

4.  The applicant was honorably discharged on 7 September 1957.  Item         24c (Foreign and/or Sea Service) of his DD Form 214 for the period ending         7 September 1957 shows he had 3 years, 10 months, and 9 days of foreign service.  Item 32 (Remarks) shows his blood group as “O.”

5.  The applicant reenlisted on 8 September 1957.  He was honorably discharged on 7 September 1963.  Item 24c of his DD Form 214 for the period ending           7 September 1963 shows he had no foreign service.  Item 32 (Remarks) shows his blood group as “O.”

6.  The applicant reenlisted on 8 September 1963.  He served in Alaska from on or about 30 January 1964 through on or about 16 September 1965.  

7.  On 30 September 1968, the applicant applied for a retired military identification card.  His DA Form 428 (Application for Identification Card) shows his blood group as “A” negative.

8.  The applicant was released from active duty on 30 September 1968 for the purpose of retirement.  Item 22c of his DD Form 214 for the period ending         30 September 1968 shows he served 1 year, 10 months, and 17 days of foreign service in USARAL (U. S. Army Alaska).  Item 27a shows he had NSLI (National Service Life Insurance) or USGLI (United States Government Life Insurance) in force; item 27b shows he had a $7.50 allotment; and item 27c contains the entry, “NA.”  Item 28 contains the entry, “NA.”  Item 29 shows he had SGLI in the amount of $10,000.  Item 30 shows his civilian education level as “High School GED – 1956” and his blood group as “A.”

9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

10.  Army Regulation 635-5, the version in effect at the time, stated the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed would be entered in item 22c.  It stated if the individual had Government life insurance, an X would be placed in the “Yes” block of item 27a; the amount of allotment if insurance premiums were currently being paid by allotment would be entered in item 27b; and “NA” would be entered in item 27c if the individual currently had an allotment in effect.

11.  Army Regulation 635-5, the version in effect at the time, stated a VA claim number would be entered in item 28 if one had been assigned to the individual.  It stated an X would be made in the appropriate block in item 29 indicating the individual’s election to participate in the SGLI.  It stated civilian education would be the first entry in item 30, and the blood group would also be entered in item 30.

12.  The SGLI and VGLI (Veterans Group Life Insurance) programs are VA programs.  SGLI provides full-time life insurance coverage for individuals on active duty.  SGLI is in effect for 120 days after an individual separates from active duty or the Reserves.  Individuals entitled to SGLI coverage can convert to VGLI by submitting the premium within 120 days after separating.

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214 is only a synopsis of the Soldier’s most recent period of continuous active duty and is not meant to be a comprehensive record of the applicant’s entire service.  

2.  The applicant’s service in Japan, Korea, and Germany occurred prior to the beginning period of his DD Form 214 for the period ending 30 September 1968.  His service in Germany is reflected on his DD Form 214 for the period ending     7 September 1957.  His service in Japan and Korea appears to be reflected on his DD Form 214 for the period ending 7 September 1951.  Only his service in Alaska would be, and is, properly shown on his DD Form 214 for the period ending 30 September 1968.

3.  The applicant contended that he did not stop his insurance allotment, and his DD Form 214 for the period ending 30 September 1968 reflects that fact.  The entry of “NA” in item 27c indicated that he had an allotment in effect at the time of his separation.  For the applicant’s information, his SGLI would have been in effect for 120 days after he retired.  He may have converted his SGLI to VGLI; however, if he did convert to VGLI that conversion would have been after the ending period of the DD Form 214 and therefore would not be reflected on the form.

4.  The applicant contended that he had a VA claim number; however, there        is no evidence to show he had a VA claim number when he separated on          30 September 1968.  Any VA claim number assigned to him after 30 September 1968 would not be authorized for entry on that DD Form 214.

5.  The evidence of record does not show that the applicant’s civilian education extended beyond his high school GED.  

6.  The applicant contended that his blood group is “A” positive.  However, his three previous DD Forms 214 showed that his blood group was “O.”  His application for a retired military identification card showed that his blood group was “A” negative.  There is insufficient evidence to verify exactly what his blood group really was.  In addition, presumably medical personnel would not be relying on the entry on any of his DD Forms 214 to verify his blood group.  Therefore, at this point it appears that any error concerning his blood group would be a harmless error.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __dll___  __rmn___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




__Eric N. Andersen____
          CHAIRPERSON




INDEX

CASE ID
AR20070009086
SUFFIX

RECON

DATE BOARDED
20071115
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
100.00
2.

3.

4.

5.

6.