IN THE CASE OF:	  

		BOARD DATE:	  17 September 2009

		DOCKET NUMBER:  AR20090008065 


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 8c (Home of Record (HOR) and Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Report of Separation from Active Duty) be corrected. 

2.  The applicant states, in effect, that his HOR should reflect a Philadelphia, Pennsylvania address.  He also states that he should have received the Vietnam Service Medal (VSM).

3.  The applicant provides a copy of his DD Form 214 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 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 Military Personnel Record Jacket (MPRJ) contains a
DD Form 4 (Enlistment Contract-Armed Forces of the United States) that shows he enlisted and entered the United States Army on 19 December 1973 for a period of 2 years.  Item 41 (Home of Record) contains the entry "1064 Lena Street, Atlanta, Georgia  30314."

3.  The applicant’s record shows he entered active duty in the Regular Army on 19 December 1973.  The Personnel Qualification Record (DA Form 2-1) prepared upon his entry on active duty contains the entry Atlanta, Georgia in Item 25 (Home of Record/Address).  

4.  Item 5 (Oversea Service) of the DA Form 2-1 contains an entry which shows that the applicant served in Germany from 8 July1974 to 6 December 1975.  Item 9 (Awards, Decorations, and Campaigns) shows that the applicant earned the National Defense Service Medal (NDSM).

5.  On 11 December 1975, the applicant was honorably discharged after completing 1 year, 11 months, and 23 days of active military service.  The 
DD Form 214 issued at that time contains the entry “1064 Lena Street, Atlanta, GA 30314" in Item 8c.  

6.  Item 26 of the DD Form 214 contains the entry "National Defense Service Medal.”  The applicant authenticated this document with his signature in item 29 (Signature of Person Being Separated).

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The regulation in effect at the time of the applicant’s REFRAD stated that Item 8c would contain the Street, City, State and Zip Code listed as the Soldier's Home of Record when he/she was commissioned, appointed, enlisted, or ordered to a tour of active duty, which could not be changed unless there was a break in service of at least 1 full day.  Item 26 will list all of the awards the applicant earned during his entire period of Army service.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-13 contain guidance on award of the VSM and  it states that it is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that Items 8c and 26 of his DD Form 214 should be corrected has been carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, Item 8c of the separation document will contain the Street, City, State and Zip Code listed as the Soldier's Home of Record when he/she was commissioned, appointed, enlisted, or ordered to a tour of active duty and that it cannot be changed unless there was a break in service of at least 1 full day.

3.  The evidence of record confirms that the HOR listed on the applicant’s 
DD Form 4 and DA Form 2-1 both indicate his HOR was located in Atlanta, Georgia, which is also properly recorded in Item 8c of his separation document, which the applicant authenticated with his signature on the date of his discharge. In effect, his signature on the DD Form 214 was his verification that the information contained on the separation document, to include the HOR entry in Item 8c, was correct at the time the DD Form 214 was prepared and issued.  As a result, there is an insufficient evidentiary basis to support changing his HOR address at this late date.  

4.  The evidence of record confirms that the applicant's foreign service was performed in Germany as evidenced by the entry on his DA Form 2-1.  In addition, his record shows that he did not enter active duty until 19 December 1973.  By regulation, the VSM is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Accordingly, the applicant never served in Vietnam and he entered active duty subsequent to the qualifying period authorized for this award.  Accordingly, the applicant is not entitled to the award of the VSM.

5.  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)                                         AR20090008065





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ABCMR Record of Proceedings (cont)                                         AR20090008065



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