IN THE CASE OF:
BOARD DATE: 30 October 2008
DOCKET NUMBER: AR20080014205
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 item 28a (Service Schools or Colleges, College Training Courses and/or Post-Graduate Courses Successfully Completed/School or Course) on his DD Form 214 (Report of Transfer or Discharge) be corrected to show he attended the United States Army Signal Center and School at Fort Monmouth, New Jersey instead of the Army Southeastern Signal School at Fort Gordon, Georgia. He also requests, in effect, that his DD Form 214 be corrected to show his dates of service in Vietnam.
2. The applicant states that he went to the Signal School at Fort Monmouth, New Jersey. He also contends that all personnel assigned to the 207th Signal Company traveling to Thailand had to stop in Vietnam and that his record does not reflect this, which makes him ineligible for benefits.
3. The applicant provides no additional evidence 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 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 applicant enlisted on 28 August 1963 for a period of 3 years. He served as a microwave radio repairman in Thailand from 10 May 1965 to 9 May 1966 (one year) and was released from active duty on 16 December 1966.
3. Item 24c (Foreign and/or Sea Service) on the applicant's DD Form 214 shows the entry, "USARPAC" [U.S. Army Pacific] 1 0 0." Item 28a on his DD Form 214 shows the entry, "Army Southeastern Signal School Fort Gordon Georgia."
4. Item 27 (Military Education) on the applicant's DA Form 20 (Enlisted Qualification Record) shows he completed the 28-week Micro Wave Radio Repairman course in 1965. Item 31 on this form shows he served in Thailand from 10 May 1965 through 9 May 1966. Item 38 (Record of Assignments) on this form shows the applicant attended the Micro Wave Radio Repairman (Service School) at the United States Army Signal Center and School at Fort Monmouth, New Jersey from 26 June 1964 to 12 May 1965. Orders show he was awarded military occupational specialty (MOS) 281.10 effective 19 February 1965, indicating he completed the course on that date.
5. There is no evidence of record which shows the applicant attended the Army Southeastern Signal School at Fort Gordon, Georgia.
6. There is no evidence of record which shows the applicant served in Vietnam.
7. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation, in effect at the time, provided that 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 the service was performed would be entered in item 24c. There is no provision to show service in Vietnam on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant completed the 28-week Micro Wave Radio Repairman course at the United States Army Signal Center and School at Fort Monmouth, New Jersey in 1965. Therefore, item 28a on his DD Form 214 should be corrected.
2. Since there is no provision to show service in Vietnam on the DD Form 214, and there is no evidence of record which shows the applicant served in Vietnam, there is no basis for granting the applicant's request to show he served in Vietnam.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____XX____ ___XX____ ___XX_____ 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. deleting the entry, "Army Southeastern Signal School Fort Gordon Georgia" in item 28a on his DD Form 214; and
b. adding the entry, "United States Army Signal Center and School, Fort Monmouth, New Jersey in item 28a on his DD Form 214.
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 amending his DD Form 214 to show service in Vietnam.
_______ XXXX_ _______ ___
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) AR20080014205
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20080014205
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015770
The applicant provides: * DD Form 214 * Headquarters, 1st Signal Brigade, U.S. Army Strategic Command, General Orders (GO) Number 1951, dated 19 August 1969 * Bronze Star Medal Citation CONSIDERATION OF EVIDENCE: 1. Headquarters, 1st Signal Brigade, GO Number 1951, dated 19 August 1969, awarded him the Bronze Star Medal for meritorious service in the Republic of Vietnam from 15 August 1968 to 7 August 1969. According to the available evidence, the applicant was trained in both MOS 31M and...
ARMY | BCMR | CY2001 | 2001058520C070421
MEMORANDUM OF CONSIDERATION IN THE CASE OF: BOARD DATE: 13 September 2001 DOCKET NUMBER: AR2001058520 The applicant requests correction of military records as stated in the application to the Board and as restated herein. Evidence of record shows that completion of the Southeastern Signal School is correctly annotated on his DD Form 214 in item 30.
ARMY | BCMR | CY2011 | 20110008177
Army Regulation 672-5-1 (Awards), in effect at the time, provided that the Army Good Conduct Medal was awarded to individuals who completed a qualified period of active duty enlisted service. He was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * awarding him the Army Good Conduct Medal (1st Award) for exemplary behavior, efficiency, and fidelity during the period 3 January 1967...
ARMY | BCMR | CY2013 | 20130020326
The applicant states his DD Form 214 does not list his completion of 21 weeks of the Wire Electronic Repairman Course and does not show his temporary appointment to the rank of CPL. He has no evidence and the Army has all the records. The applicants complete military records are not available to the Board for review.
ARMY | BCMR | CY1996 | 9605054C070209
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file. 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. The time for the applicant to file a request for correction of any error or injustice expired on 4 November 1968.
ARMY | BCMR | CY2014 | 20140016551
Therefore, he is entitled to correction of his DD Form 214 to show this training. Therefore, he is entitled to correction of his DD Form 214 to show these unit awards. Records show he was awarded the VSM and that he participated in three campaigns.
ARMY | BCMR | CY2006 | 20060015055
The applicant contends, in effect, that his undesirable discharge, under other than honorable conditions, should be upgraded to a general discharge, under honorable conditions, because the U.S. Army cancelled its contract with him to attend the crypto-electronics course at the U.S. Army Electronics School. There is no evidence of record that shows the applicant was advised that his discharge under conditions other than honorable would automatically be changed to a general discharge under...
ARMY | BCMR | CY2013 | 20130005755
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his place of entry into active duty as Fresno, California and the location of his advanced individual training (AIT) as Fort Benning, Georgia. The evidence also clearly shows that the applicant attended AIT at Fort Benning, Georgia, and not at Fort Polk, LA as indicated on his DD Form 214. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2010 | 20100021835
Application for correction of military records (with supporting documents provided, if any). There are no orders in his records that show he was deployed to or TDY in the RVN 30 consecutive days or 60 nonconsecutive days. His record shows he served in Okinawa from 22 August 1960 through 17 July 1962.
ARMY | BCMR | CY2003 | 2003089657C070403
On 25 March 2003, the AGDRB, in an unanimous decision, denied the applicant's request to be advanced to grade E-7 on the retired list because he received a special court-martial conviction for use of cocaine while in the grade. The applicant's 20 years of service to his country was marred by his court-martial conviction for cocaine use in 1989 while serving as a sergeant first class, pay grade E-7, a senior NCO, discrediting himself and the NCO ranks. His request to be advanced to pay...