Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080006871
Original file (20080006871.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  14 August 2008

		DOCKET NUMBER:  AR20080006871 


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, that his separation document (DD Form 214) be corrected to show he served during the Cuban Missile Crisis. 

2.  The applicant states, in effect, that he requests a correction to his DD 214 by issuance of a DD Form 215 to show he was activated for the Cuban Missile Crisis.

3.  The applicant provides his DD Form 214 in support of his application.

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's records show he enlisted in the Regular Army and entered active duty on 29 June 1962.  His record also shows he never completed advanced individual training (AIT) and was never awarded a military occupational specialty (MOS).  His record documents no acts of valor, significant achievement or service warranting special recognition.  It further shows the applicant received no individual awards or decorations while serving on active duty.

3.  The applicant's Service Record (DA Form 24) shows, in Section 2 (Chronological Record of Military Service), that during his tenure on active duty he was assigned to Fort Knox, Kentucky, Fort Polk, Louisiana, and 
Fort Sheridan, Illinois.  Section 5 (Service Outside Continental United States) is "Blank" indicating he was never assigned overseas.

4.  The applicant's Official Military Personnel File is void of any orders or other documents which show his activation/participation in support of Cuban Missile Crisis. 

5.  On 29 November 1962, the applicant was separated with a general, under honorable conditions discharge (GD) after completing a total of 5 months and 
1 day of active military service.  Item 24c (Foreign and/or Sea Service) of the 
DD Form 214 issued to him at the time is blank, and the applicant authenticated this document with his signature in Item 34 (Signature of Person Being Transferred or Discharged) on the date of his separation. 

6.  Army Regulation 635-5 (Separations Documents) prescribed the separation documents that will be furnished to Soldiers who are separated from active duty, and contains item-by-item instructions for entries on the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge stated, in pertinent part, that Item 24c (Foreign Service) would contain the total service performed outside the continental United States for the period covered by the 
DD Form 214, and the last theater where overseas service was performed.  The regulation provided no provisions of entries regarding service in support of the Cuban Missile Crisis anywhere on the DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to reflect his activation for and/or participation in the Cuban Missile Crisis was carefully considered.  However, there is insufficient evidence to support this claim.


2.  The regulation governing the preparation and issue of the DD Form 214 in effect at the time of the applicant's discharge provided no provisions for entries anywhere on the DD Form 214 regarding activation for or participation in the Cuban Missile Crisis, or to document service in support of the Cuban Missile Crisis.  Further, even if there were an appropriate entry, the applicant's record fails to show he was activated as a result of, or that he served in direct support of the Cuban Missile Crisis.  As a result, it would not be appropriate or serve the interest of justice or equity to grant the requested relief.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

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)                                         AR20080006871



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080006871



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2002 | 2002079245C070215

    Original file (2002079245C070215.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: In effect, that his separation document (DD Form 214) be corrected to show he served during the Berlin and Cuban Missile Crisis. EVIDENCE OF RECORD : The applicant's military records show: The evidence of record confirms that the Item 24c (Foreign Service) of the applicant’s 13 July 1962 separation document accurately reflected the foreign service he completed in Germany.

  • ARMY | BCMR | CY2011 | 20110013808

    Original file (20110013808.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Armed Forces Expeditionary Medal (AFEM) and foreign service credit for the Cuban Missile Crisis. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.

  • ARMY | BCMR | CY2008 | 20080010705

    Original file (20080010705.txt) Auto-classification: Denied

    The applicant requested that he be awarded the AFEM, but item 24c (Foreign and/or Sea Service) of his DD Form 214 does not show that he served overseas at any time during his active duty service. However, there is no evidence in the applicant's military records, and the applicant failed to provide any evidence that he ever served in the designated area of operations of the Cuban Missile Crisis. Therefore, the Board determined that the overall merits of this case are insufficient as a basis...

  • ARMY | BCMR | CY2013 | 20130010062

    Original file (20130010062.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant's request for correction of his DD Form 214 to show all authorized awards was carefully considered and determined to have merit. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM to item 26 of his DD Form 214.

  • ARMY | BCMR | CY2007 | 20070015901C080407

    Original file (20070015901C080407.doc) Auto-classification: Approved

    Rowland C. Heflin | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the period of the applicant's honorable active duty service entitles him to the NDSM, and that his service in Korea between 1962 and 1963 entitles him to the KDSM. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 26 June 1963 DD Form 214 by...

  • ARMY | BCMR | CY2009 | 20090006953

    Original file (20090006953.txt) Auto-classification: Denied

    The applicant requests correction of item 24 (Statement of Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was held over for 20 days because of the Cuban missile crisis. The DD Form 214 he was issued shows the following entries: a. item 24a(1) (Net Service This Period) shows he completed 6 months of creditable active service during this period; b. item 24a(2) (Other Service) shows he completed 20 days of prior service; c. item 24a(3) (Total...

  • ARMY | BCMR | CY2009 | 20090007886

    Original file (20090007886.txt) Auto-classification: Denied

    The applicant's military personnel records do not show any evidence that he was awarded the Armed Forces Expeditionary Medal for service in support of the Cuban Missile Crisis. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period. However, there is no evidence of record and the applicant provides insufficient...

  • ARMY | BCMR | CY2007 | 20070009243C080213

    Original file (20070009243C080213.TXT) Auto-classification: Denied

    There is no evidence of record to show that he was recalled to active duty after his September 1961 separation. In October 1962, the President confronted the Soviet ambassador with the findings. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

  • CG | BCMR | Medals and Awards | 2011-016

    Original file (2011-016.pdf) Auto-classification: Denied

    This final decision, dated June 23, 2011, is approved and signed by the three duly APPLICANT’S REQUEST AND ALLEGATIONS The applicant, who was honorably discharged from the Coast Guard in 1966, asked the Board to correct his discharge form DD 214 to show that he received a medal for participating in the Cuban Missile Crisis1 and to have the Coast Guard issue a DD 215 showing all of the medals and citations he received. All of the medals that a Coast Guard member could receive for serving...

  • ARMY | BCMR | CY2015 | 20150001584

    Original file (20150001584 .txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant has failed to show through the evidence submitted with his application and the evidence of record that he was ordered to active duty in support of a contingency operation during the Cuban Missile Crisis. 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.