RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  03 April 2008
	DOCKET NUMBER:  AR20070016919 


	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

Ms. Deyon D. Battle

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Ms. LaVerne M. Douglas

Member

Mr. Jeffrey C. Redmann

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, in effect, that his Certificate of Release or Discharge (DD Form 214) be corrected to show that he was awarded the Bronze Star Medal with Second Oak Leaf Cluster; that he had 10 years, 4 months and 21 days of Foreign Service; and that his place of entry into active duty was Fort Campbell, Kentucky.  He also requests that his Personnel Qualification Record (DA Form 2-1) be corrected to show that he served in a crew chief military occupational specialty (MOS) from January 1968.

2.  The applicant states that the overseas service entries reflected on his DA Form 2-1 and his DD Form 214 do not "add up."  He states that his DD Form 214 should be corrected to show that he had 10 years, 4 months and 21 days of Foreign Service; that he served in a crew chief MOS; that he entered into the Army at Fort Campbell, Kentucky; and that he was awarded the Bronze Star Medal (Second Oak Leaf Cluster).

3.  The applicant provides in support of his application, a copy of his DD Form 214; a copy of a request for information and correction of his record; and a portion of his DA Form 2-1.

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 requests correction of his records to show that he was awarded the Bronze Star Medal with Second Oak Leaf Cluster.  There are no orders or other evidence in his records authorizing award of this decoration to the applicant.  In the absence of proper award authority for this decoration, the applicant may request award of the Bronze Star Medal with Second Oak Leaf 


Cluster under the provisions of Section 1130 of Title 10, United States Code.  The applicant has been notified by separate correspondence of the procedures for applying for this decoration under Section 1130 and, as a result, it will not be discussed further in this Record of Proceedings.

3.  The applicant's Enlistment Contract shows that on 14 December 1966, he enlisted in the Regular Army in Knoxville, Tennessee, for 2 years, in the pay grade of E-1.  He successfully completed UH-1 Helicopter Repairman (67N20) MOS training.  The applicant's Enlistment Contracts show that, after a series of reenlistments and extensions, he reenlisted in the Army at Fort Stewart, Georgia, on 30 July 1984, for a period 6 years. 

4.  The applicant's DA Form 2-1 shows that while he was in the Army, he served overseas from 20 August 1967 through 28 October 1969; from 3 November 1970 through 4 November 1971; from 23 October 1973 through 29 October 1975; 18 April 1977 through 11 April 1979; and from 19 September 1984 through 9 November 1987.

5.  The applicant's DA Form 20 also shows that, although he was awarded a 
UH-1 Helicopter Repairman MOS, he performed the duties of a Crew Chief from 18 September 1969 until 29 December 1969.

6.  The applicant retired from the Army on 31 December 1988, due to length of service.  His DD Form 214 shows that he entered into active duty at Fort Stewart, Georgia; that he had 9 years, 3 months and 29 days of Foreign Service; and that he was awarded a 67N30 (Service School Aircraft Maintenance) primary MOS.

7.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, and except where otherwise specified, that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.  This regulation further provides that a Soldier's initial enlistment contract or appointment document is the source for his place of entry onto active duty and home of record at the time of entry.  For individual's reenlisting in the Army, the reenlistment contract is the source for his place of entry onto active duty because the individual is discharged the day prior to reenlistment and thus enters active duty at the place of reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that his DD Form 214 should be corrected to show his place of entry into active duty as Fort Campbell, Kentucky, the applicant's DD Form 214 properly reflects his place of entry into active duty as Fort Stewart, Georgia.  His final Reenlistment Contract shows that he reenlisted in the Army at Fort Stewart, Georgia, on 30 July 1984.  According to the provisions of Army Regulation 635-5, the place of entry into active duty that is currently reflected on his DD Form 214 is correct.

2.  The applicant's contentions regarding his service as a crew chief have been noted.  However, his DA Form 2-1 shows that he performed duties as a Crew Chief from 18 September 1969 until 29 December 1969.  There is no evidence in the available record, nor has he submitted any evidence to support his contention that the dates reflected on his DA Form 2-1, as the dates that he performed the duties of a Crew Chief, are incorrect.  Therefore, there is no basis for granting this portion of the applicant's request.

3.  The applicant's DD Form 214 erroneously shows that he completed 9 years, 3 months and 29 days of Foreign Service and he contends that he completed 10 years 4 months and 21 days of Foreign Service.  However, his DA Form 2-1 shows that he served overseas from 20 August 1967 through 28 October 1969; from 3 November 1970 through 4 November 1971; from 23 October 1973 through 29 October 1975; 18 April 1977 through 11 April 1979; and from 19 September 1984 through 9 November 1987.  When this Foreign Service is added together, it totals 10 years, 4 months and 4 days.  Therefore, his DD Form 214 should be amended to reflect this information.

4.  Although the applicant did attend a service school for aircraft maintenance as part of his initial training, the available records show that upon completion of his training, he was awarded a UH-1 Helicopter Repairman (67N20) primary MOS.  Therefore the "67N30 SVC SCHOOL SFCT MAINT" entry currently reflected on his DD Form 214 should be corrected to read 67N20 UH-1 HELICOPTER REPAIRMAN.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__CD __  __LMD__  __JCR___   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

a)  amending his DD Form 214 to show that he completed 10 years, 4 months and 4 days of Foreign Service; and

b)  voiding the entry "67N30 SVC SCHOOL SFCT MAINT" from his DD Form 214 and adding 67N20 UH-1 HELICOPTER REPAIRMAN.

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 correcting his DA Form 2-1 to show that he performed duties as a Crew Chief from January 1968, and amending his DD Form 214 to show his place of entry into active duty as Fort Campbell, Kentucky, and that he completed 10 years, 4 months and 21 days of Foreign Service.




___Carmen Duncan  ___
      CHAIRPERSON