IN THE CASE OF:
BOARD DATE: 25 SEPTEMBER 2008
DOCKET NUMBER: AR20080007304
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 that his total service and foreign service on his DD Form 214 dated 10 October 1958 be corrected.
2. The applicant states that his DD Form 214 incorrectly reflects his total service as 5 years, 8 months and 26 days and his foreign service as 1 year and 3 days, when in fact his total service was 5 years, 9 months and 26 days and his foreign service was 2 years and 11 months.
3. The applicant provides a copy of his Honorable Discharge Certificate dated 12 October 1955, a copy of his DD Form 214 dated 10 October 1958, a copy of a Certification of Military Service, and the front page of his Enlisted Qualification Record (DA Form 20).
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was born on 13 December 1934 and enlisted in the Regular Army in St. Louis, Missouri for a period of 3 years. He was initially transferred to Fort Custer, Michigan and then to Camp Atterbury, Indiana, where he underwent his training with the 200th Infantry Regiment.
4. On 6 November 1953 he departed for assignment to Germany. After arriving in Germany, he was further transferred to the Fontenet Ordnance Depot in France.
5. On 13 October 1955, while still in Fontenet, France, he reenlisted for a period of 3 years in the rank of SP3. He was promoted to the rank of SP2 on 21 February 1956, which was subsequently converted to the rank of SP5.
6. He departed France on 6 October 1956 and was transferred to Fort Polk, Louisiana, where he remained until he was honorably released from active duty (REFRAD) on 10 October 1958, due to the expiration of his term of service (ETS). His DD Form 214 reflects in block 24a (3) and 24b. that he had served 5 years, 8 months and 26 days of active service. In block 24c. it reflects that he had served 1 year and 3 days of foreign service.
7. A review of the available records shows that he served a total of 5 years, 9 months and 26 days of total active service. He served overseas from 6 November 1953 until 6 October 1956, which is 2 years and 11 months of service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his total service and foreign service are incorrectly reflected on his DD Form 214 has been noted and found to have merit. The applicants service was incorrectly computed to reflect 5 years,
8 months and 26 days of total active service. However, he actually served 5 years, 9 months and 26 days of total active service and that amount of service should be entered in block 24a.(3) and 24b. of his DD Form 214.
2. The applicant served overseas from 6 November 1953 until 6 October 1956, which is 2 years and 11 months of service. Accordingly, that amount of service should be entered in block 24c.
BOARD VOTE:
__XXX __ __XXX__ __XXX__ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in block 24a.(3) and 24b. of his DD Form 214 that he served 5 years, 9 months and 26 days of total active service and in block 24c. that he served 2 years and 11 months of foreign service.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
___ XXX ___
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) AR20080007304
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080007304
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140015841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 September 1966, as follows: * Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927 * Item 7a (Race) from NA to American Indian * Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3 * Item 16 (Date Inducted), from blank to actual date of induction * Item 24b (Total Active Service) from 20 years, 6 months,...
ARMY | BCMR | CY2009 | 20090011329
The applicant requests the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, hereafter referred to as the former service member (FSM), be corrected to show his foreign service in Germany. The FSM's military records are not available to the Board for review. Upon completion of all required military training, the FSM was transferred to Germany and assigned to the 34th Field Artillery Battalion per item 12 (Last Duty Assignment and Major...
ARMY | BCMR | CY2003 | 2003087772C070212
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period 2 August 1963 to 1 August 1969 be corrected: to show his Vietnam service; to show award of the Vietnam Service Medal (VSM); and to show that he received campaign participation credit for two campaigns -- Counteroffensive Phase II and III. Records show the applicant should have discovered the error or injustice now under consideration on 1 August 1969; therefore, the...
ARMY | BCMR | CY2007 | 20070004984C071029
This case is being considered using reconstructed records that consists primarily of the FSM's separation document (DD Form 214), the NPRC file on the FSM, and documents provided by the applicant. Item 24a(3) of the FSM's DD Form 214 shows he completed a total of 2 years, 10 months, and 24 days of active military service. The version of the regulation in effect at the time of the applicant's separation contained instructions for completing Item 24c and stated that the total active duty...
ARMY | BCMR | CY2012 | 20120009692
His DD Form 214 shows he had 7 months and 4 days foreign service and the last overseas theater he served in was U.S. Army Europe and he was awarded his second National Defense Service Medal. The foreign service shown on his DD Form 214 with an effective date of 25 November 1966 is only for foreign service completed during the period of the DD Form 214. Therefore, it would be appropriate in this case to also add the additional medals it is known he would be authorized for his service in...
ARMY | BCMR | CY2010 | 20100022700
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served at Eniwetok Atoll, Marshall Islands from 1955 to 1956. Therefore, his DD Form 214 should be corrected to show this service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of his DD Form 214 for the period ending on 17 October 1957 the entry "Service at Eniwetok...
ARMY | BCMR | CY2011 | 20110011999
The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show that he was released from active duty (REFRAD) in 1958 and not 1953, as reflected on his DD Form 214. The applicant's military records are not available for review. The applicant was inducted on 26 July 1956 and he served 1 year, 11 months and 14 days of active service, which would have made his REFRAD 9 July 1958.
ARMY | BCMR | CY2008 | 20080014054
Application for correction of military records (with supporting documents provided, if any). Item 24c of the DD Form 214 he was issued at that time shows he completed 1 year, 3 months, and 27 days of overseas service during the period covered by the DD Form 214 (20 December 1955 - 19 December 1958). Item 24c of the DD Form 214 he was issued at the time shows he completed 1 year, 11 months, and 16 days of overseas service during the period covered by the DD Form 214 (20 December 1958 - 30...
ARMY | BCMR | CY2010 | 20100017981
His military record shows he enlisted in the Regular Army for a period of 3 years and entered active on 21 May 1956. Based on his overall record of service for that period, it would be appropriate to award him the first award of the AGCM and to correct his DD Form 214 for the period ending 14 June 1965 to show this award. Therefore, he is entitled to show award of the AFEM and correction of his DD Form 214 for the period ending 13 May 1959 to show this award.
ARMY | BCMR | CY2011 | 20110022316
This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. d. DD Form 214 for the period 15 December 1968 through 30 September 1972 which shows in item 22c completion of 1 year of foreign service and in item 30 (Remarks) the entry "Vietnam - Yes 1 October 1970 to 30 September 1971." As a result,...