IN THE CASE OF:	  

	BOARD DATE:	  29 May 2008

	DOCKET NUMBER:  AR20080004619 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) for his period of service ending on 31 January 1967 to correct his service number, date of induction, term of service, training, blood group, dates of rank/appointment, social security number (SSN), and to add a government stamp or raised seal. 

2.  The applicant states that he has written several times to have these errors corrected but each time his DD Form 214 was returned with more errors.  His service number should be prefaced with “US” and not “ER.”  His date of induction is omitted.  His term of service is omitted.  His medical corpsman training is omitted.  His blood group should read as “B.”  His SSN should read as ### - ## - 9517; and his promotion dates for specialist four and sergeant should read as 
18 October 1965 and 28 June 1966, respectively.  There is no raised seal or certifying stamp on the form.

3.  The applicant provides a copy of his DD Form 214 for the period ending 
31 January 1967.

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.  On 9 July 1964, the applicant was inducted into the Army of the United States for 2 years.  He completed his initial training and was awarded military occupational specialty (MOS) 91B (Medical Corpsman).  He was assigned a service number prefaced by “US”.

3.  On 18 October 1965, the applicant was promoted (temporary) to specialist four, pay grade E-4.

4.  The applicant served as a medical corpsman at the 12th Field Hospital, Fort Leonard Wood, Missouri, and at the 67th Evacuation Hospital, Fort Carson, Colorado.  He deployed with the 67th Evacuation Hospital to the Republic of Vietnam in February 1966.

5.  On 28 June 1966, the applicant was promoted to sergeant, pay grade E-5.  On the same date, he was also appointed to permanent specialist four, pay grade E-4.

6.  On 8 July 1966, while still assigned for duty in the Republic of Vietnam, the applicant was released from active duty and transferred to the United States Army Reserve.  He had completed 2 years of creditable active duty service.

7.  The applicant’s DD Form 214 for the period ending 8 July 1966 shows, in part, the following:

	a.  Item 2 (Service Number) is prefaced by the letters “US”;

	b.  Item 3a (Grade, Rate or Rank) is sergeant, E-5 (Temporary);

	c.  Item 3b (Date of Rank) is 28 June 1966;

	d.  Item 16 (Date Inducted) is 9 July 1964;

	e.  Item 19b (Term of Service) is 2 years;
	f.  Item 28 (Service Schools....) is MTC [Medical Training Center]; September to December 1964;

	g.  Item 32 (Remarks) shows his blood type as “A”; his social security number as ## - ### - 9717; his permanent date of rank for specialist four as 
18 October 1965; his temporary date of rank for sergeant as 28 June 1966; and 

	h.  There is no raised seal or certifying stamp.  The authorizing officer and the applicant legibly signed the form.

8.  On 9 July 1966, the applicant was ordered to active duty for training as an enlisted Reservist for a period of 7 months.  His service number was accordingly changed to reflect his Reserve status by prefacing it with “ER.”  He continued to serve as a medical corpsman with the 67th Evacuation Hospital until his return to the United States on or about 29 January 1967.

9.  On 31 January 1967, the applicant was released from active duty and transferred to the United States Army Reserve Control Group (Annual Training). He had completed 6 months and 24 days of active duty service during this period.  

10.  The applicant’s DD Form 214 for the period ending 31 January 1967 shows, in part, the following:

	a.  Item 2 (Service Number) is prefaced with the letters “ER”;

	b.  Item 3a (Grade, Rate or Rank) is sergeant, E-5 (Temporary);

	c.  Item 3b (Date of Rank) is 28 June 1966;

	d.  Item 16 (Date Inducted) is “NA”;

	e.  Item 19 (Current Active Service....) is Ordered to active duty training for 
7 months;

      f.  Item 19b (Term of Service) is NA;

	g.  Item 28 (Service Schools....) is “None”;

	h.  Item 32 (Remarks) shows his blood type as “B”; his social security number as ## - ### - 9717; his permanent date of appointment for specialist four as 18 October 1966 with a date of rank of 18 October 1965; and
	
      i.  There is no raised seal or certifying stamp.  The authorizing officer and the applicant legibly signed the form.

11.  Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214.   The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty. It provides a brief, clearcut record of active duty service at the time of release from active duty, retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier’s service.  Normally a commissioned or warrant officer is required to authenticate a DD Form 214.  However, when the chief or acting chief of the transition point is a staff sergeant, pay grade E-6; a government service civilian in grade of GS-07 or higher; or an authorized contractor employee, that individual may sign. The signature must be legible on all copies, and may necessitate signing again on the other copies.

12.  The applicant’s service medical records are not available for review. 

DISCUSSION AND CONCLUSIONS:

1.  The regulation that governs the preparation of the DD Form 214 clearly states that a DD Form 214 is a summary of a Soldier’s most recent period of service.  Therefore, only those events that occurred during the particular period are to be recorded on each DD Form 214.  The applicant is requesting that events which occurred during his first 2 years (first period of service) be entered on his DD Form 214 that recorded his second period of service.  As this is not in accordance with the provisions of the governing regulation, his request should be denied.    

2.  The evidence of record clearly shows that the applicant was inducted into the Army of the United States for 2 years, after which, he was immediately ordered to active duty as an enlisted Reserve Soldier for an additional 7 month period of active duty.  His service number for his first 2 years was prefaced by the letters “US” indicating that he was a member of the Army of the United States.  After his release and transfer to the Reserve, his service number was prefaced by the letters “ER” indicating that he was an enlisted member of the Reserve.  His DD Form 214 for his last period of service shows his correct service number.  

3.  The applicant’s date of induction, 9 July 1964, is correctly shown on his DD Form 214 for the period ending 8 July 1966.  His date of induction should not be entered on his subsequent DD Form 214.  

4.  The applicant’s 2 year term of service is correctly shown on his DD Form 214 ending on 8 July 1966.  Subsequently, he was ordered to active duty for another period of 7 months.  This data is shown on his DD Form 214 ending 31 January 1967.  There appears to be no error.

5.  The applicant completed training as a medical corpsman during his first 
2 years of service.  This training is recorded on his DD Form 214 for the period ending 8 July 1966.  It should not be entered on his subsequent DD Form 214.

6.  The applicant contends that his SSN is incorrect on his DD Forms 214.  Both of his DD Forms 214 show his SSN as ### - ## - 9717.  He states that it should read as ### - ## - 9517.  The applicant’s records are devoid of any corroborating documentation to make a determination of his correct SSN.  Furthermore, the applicant has not provided any documentation to substantiate his contention that his DD Forms 214 are in error.

7.  The applicant contends that his blood group is entered incorrectly on his 
DD Form 214.  His blood group is shown as “A” on the DD Form 214 for the period ending on 8 July 1966, and as “B” on the DD Form 214 for the period ending on 31 January 1967.  There is no corroborating evidence in his personnel records and his service medical records are not available for making a determination of the correct entry.

8.  The evidence of record clearly shows that the applicant was promoted to specialist four, pay grade E-4 on 18 October 1965 and to sergeant, pay grade E-5 on 28 June 1966.  He was permanently appointed to specialist four on 28 June 1966.  These dates of promotion and appointment are correctly recorded on both of his DD Forms 214.

9.  The applicant has implied that his DD Form 214 is not valid without a raised seal or government stamp.  The governing regulation only requires that each copy have a legible signature by the authorizing officer.  There are no provisions for adding a stamp or raised seal. 

10.  In view of the above, the applicant’s requested changes to his DD Forms 214 should be denied.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  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.



      
					__________X_____________
						CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080004619



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