IN THE CASE OF:
BOARD DATE: 1 October 2009
DOCKET NUMBER: AR20090008053
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 all awards and decorations be recognized and that he be issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his service through 5 July 1979.
2. The applicant states that he did not receive a DD Form 214.
3. The applicant provides a copy of Orders 66-114, issued by Headquarters, Fifth U.S. Army, Fort Sam Houston, TX, on 4 April 1979, in support of his request.
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's records show he enlisted in the U.S. Air Force (USAF) for a period of 4 years on 1 August 1966 and he was honorably released from active duty on 5 February 1970. The DD Form 214 he was issued shows he completed 3 years, 6 months, and 5 days of creditable active service, of which 2 years,
2 months, and 7 days was foreign service.
3. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214 shows he was awarded the National Defense Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Small Arms Expert Marksmanship Ribbon, Air Force Good Conduct Medal, Vietnam Service Medal with one bronze service star, and the Air Force Commendation Medal.
4. The applicants records further show he enlisted in the U.S. Army Reserve (USAR) for a period of 1 year on 19 February 1976. He held military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was assigned to the 3rd Battalion, 3rd Infantry, Fort Snelling, MN. He also executed a 2-year extension in the USAR on 19 February 1977 and a 1 year reenlistment, also in the USAR, on 19 February 1978. He was honorably discharged from the USAR on 4 April 1979.
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service. It is important that information entered on the form should be complete and accurate. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that all awards and decorations should be recognized and that he should be issued a DD Form 214 for his service through 5 July 1979.
2. With respect to the applicants USAF service, the evidence of record shows the applicant enlisted in the USAF on 1 August 1966 and he was honorably released from active duty on 5 February 1970. He was issued a DD Form 214 to document this period of active service. Any corrections pertaining to this form, including entitlement to additional awards, should be addressed to the USAF Board for Correction of Military Records. Further information can be found at: http://www.archives.gov/veterans/military-service-records/correcting-records.html to access the Air Force Review Boards Agency website.
3. With respect to his USAR service, the evidence of record shows the applicant enlisted in the USAR on 19 February 1976 and he served continuously through a reenlistment and an extension. He was subsequently honorably discharged from the USAR on 4 April 1979. However, he was not issued a DD Form 214 because the DD Form 214 is a summary of a Soldiers most recent period of continuous active duty (emphasis added) service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. A DD Form 214 is not issued for inactive USAR service. Therefore, there is no basis for granting this portion of the applicant's requested relief.
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) AR20090008053
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ABCMR Record of Proceedings (cont) AR20090008053
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