IN THE CASE OF:	  

		BOARD DATE:	  20 October 2009

		DOCKET NUMBER:  AR20090009782 


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, correction of item 22a(2) (Statement of Service - Other Service) and item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states, in effect, that he enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 19 December 1967 and served in that status until entering the Regular Army (RA) on 15 April 1968.  He claims his DEP service was never properly accounted for in his military service record and it was not properly documented on his DD Form 214, which should be corrected at this time.  He further states that he was awarded the Army Commendation Medal (ARCOM) after his separation and it is not recorded on his DD Form 214.

3.  The applicant provides an ARCOM certificate, his DD Form 214, and a 
DD Form 4 (Enlistment Contract - Armed Forces of the United States) 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 Official Military Personnel File (OMPF) contains a DD Form 4 which shows he enlisted in the USAR DEP for a period of 6 years on
19 December 1967.  It further shows he served in the DEP status for 3 months and 26 days until 15 April 1968, at which time he enlisted in the RA for 4 years.  It also contains U.S. Army Security Agency, Arlington, VA, General Orders Number 43, dated 28 February 1972, which awarded him the ARCOM for meritorious service during the period 1 April 1971 to 14 December 1971.

3.  On 23 December 1971, the applicant was honorably released from active duty (REFRAD), in the rank/grade of specialist five (SP5)/E-5.  The DD Form 214 he was issued at that time shows he completed 3 years, 8 months, and 9 days of active duty service during the period covered by the DD Form 214 in item 22a(1) (Net Service this Period) and Item 22a(2) shows no prior military service.  Item 22a(3) (Total) shows he completed a total of 3 years, 8 months, and 9 days of military service for basic pay purposes and 22b (Total Active Service) shows he completed a total of 3 years, 8 months, and 9 days of total active service.  Item 24 of his DD Form 214 does not show award of the ARCOM.

4.  Army Regulation 635-5 (Separation Documents) in effect at the time prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions in the version of the regulation in effect at the time of the applicant's REFRAD stated to enter all prior service excluding any service shown in item 22a(1) to item 22a(2), to include any period served in the USAR or ARNGUS as a reservist not on active duty during current enlistment.  For item 22a(3), enter the total of items 22a(1) and 22a(2).

5.  Army Regulation 635-5 further states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the total prior service entered in item 22a(2) of his DD Form 214 does not account for his service in the USAR DEP was carefully considered and found to have merit.  The evidence of record confirms the applicant served in the DEP for 3 months and 26 days from 19 December 1967 through 14 April 1968, the day before he entered the RA on 15 April 1968, as evidenced by the DD Form 4 on file in his OMPF.  Therefore, item 22a(2) of his DD Form 214 should be corrected to reflect this service.

2.  Based on the correction to item 22a(2), the total of the entry in item 22a(1) and 22a(2) should be reflected in item 22a(3).  Therefore, item 22a(3) of his DD Form 214 should be corrected to reflect his total service.

3.  The applicant's record also shows that he was awarded the ARCOM for meritorious service from 1 April to 14 December 1971, but the award was not received until after his separation, as evidenced by ARCOM orders on file in his OMPF.  Therefore, item 24 of his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____x____  ____x____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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:

	a.  deleting from item 22a(2) of his DD Form 214 the entry "0  0  0" and replacing it with the entry "0  3  26";

   b.  deleting from item 22a(3) of his DD Form 214 the entry "3  8  9" and replacing it with the entry "4  0  5"; and

   
   c.  adding to item 24 of his DD Form 214 the Army Commendation Medal.



      ___________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)                                         AR20090009782



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ABCMR Record of Proceedings (cont)                                         AR20090009782



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