IN THE CASE OF:
BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090011329
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 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.
2. The applicant states the FSM's DD Form 214 is incorrect and she would like it corrected for posterity.
3. The applicant provides:
a. a copy of the FSM's DD Form 214;
b. a copy of a letter from the Office of the Adjutant General, U.S. Army Records Center, St. Louis, MO, forwarding his Honorable Discharge Certificate;
c. a copy of letter orders discharging the FSM from the U.S. Army Reserve (USAR);
d. a copy of the FSM's Honorable Discharge Certificate;
e. a copy of the FSM's birth certificate; and
f. a copy of the FSM's certificate of death.
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 FSM's 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 FSM's 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. Available records show the FSM was inducted into the Army of the United States for 2 years on 18 October 1954. Following completion of basic combat training, he was transferred to the U.S. Army Signal School, Fort Monmouth, NJ, where he received training as a radio operator for air-ground radio equipment.
4. 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 Command) of his DD Form 214 which was located in Schwäbisch Gmünd. He served 1 year and 6 months in this assignment before being returned to the United States for separation.
5. The FSM was transferred to Fort Sheridan, IL, where, on 17 October 1956, he was honorably separated and transferred to the USAR for completion of his service obligation. He was honorably discharged from the USAR on 30 September 1962.
6. The DD Form 214 the FSM was issued contains typographical errors in item 24 (Statement of Service). Item 24a(1) (Net Service This Period) shows he served 2 years, 0 months, and 0 days of active duty; item 24a(2) (Other Service) correctly shows no other service (such as prior active service or USAR or National Guard service); item 24a(3) (Total) correctly shows the total for item 24a(1) and item 24a(2) as 2 years, 0 months, and 0 days. Item 24b (Total Active Service) should also show 2 years, 0 months, and 0 days; however, it erroneously shows 1 year, 6 months, and 0 days. There is no entry in item 24c (Foreign and/or Sea Service).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's DD Form 214 is incorrect in item 24 and she would like it corrected for her children and grandchildren.
2. The FSM was a 2-year inductee serving from 18 October 1954 to 17 October 1956. With no other service to his credit, his DD Form 214 shows 2 years, 0 months, and 0 days of active duty. However, items 24b and 24c are not correct; a typographical error was made and the entry for item 24c was placed in item 24b.
3. The FSM served with the 34th Field Artillery Battalion, which was located in Germany (U.S. Army Europe (USAREUR)). That service was for a period of 1 year and 6 months. Thus, the FSM's DD Form 214 should be corrected as indicated below.
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 the entry "1 6 0" from item 24b,
b. adding the entry "2 0 0" to item 24b, and
c. adding the entries "USAREUR" and "1 6 0" to item 24c.
____________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) AR20090011329
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090011329
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080007304
The applicant requests that his total service and foreign service on his DD Form 214 dated 10 October 1958 be corrected. The applicants military records are not available to the Board for review. On 13 October 1955, while still in Fontenet, France, he reenlisted for a period of 3 years in the rank of SP3.
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 | CY2010 | 20100011695
The applicant requests, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer and Discharge) be changed to show he was separated on 11 February 1967. Notwithstanding the entry in item 29 of the applicants DA Form 20, there is no convincing evidence that the applicant served in Germany through 11 February 1967 and was therefore discharged that same day. This information is consistent with his orders, unit clearance papers, and the 11 months and 28 days of...
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 | CY2009 | 20090021452
Items 8 (Prior Military Service) of his DD Form 47 (Record of Induction) indicates he previously served as a cadet in the USCG Academy from 10 July 1959 to 28 December 1960. He completed 1 year, 11 months, and 29 days of total Army active service which is correctly shown in items 24a (1) of his DD Form 214. With respect to item 24b, his DD Form 214 correctly shows completion of 1 year, 5 months, and 8 days of active service.
ARMY | BCMR | CY2014 | 20140003685
The applicant requests correction of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her late husband, a former service member (FSM), to show his social security number (SSN) as "3XX-4X-2XXX" instead of "2XX-3X-9XXX" and that he served in Vietnam. His military records contain the following: * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 23 February 1962, which does not list his SSN * DA Form 41 (Record of Emergency Data),...
ARMY | BCMR | CY2013 | 20130015021
The applicant requests, in effect, correction of item 24a(1) (Net Service This Period) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) ending on 2 May 1966. His record contains the following documents issued by Headquarters, U.S. Army Reception Station: * SO Number 101, dated 3 May 1966, enlisting him in the Regular Army (RA) on 3 May 1966 for 3 years * amendment of DD Form 214, Report of Transfer or Discharge memorandum, dated 5 May 1966, wherein his...
ARMY | BCMR | CY2008 | 20080012887
The applicant's available military records show he was ordered to active duty from the United States Army Reserve (USAR). The evidence shows the applicant entered active duty for 4 months ADUTRA on 29 November 1965, with prior service in the USAR. In view of the circumstances in this case, the applicant is not entitled to correction to Items 24a(1) and 24b of his DD Form 214, dated 22 April 1966, to show that he completed 8 months and 25 days of total active duty service and thus...
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 | CY2009 | 20090016037
Item 41 (Awards and Decorations) of the FSM's DA Form 20 for the period 15 May 1952 to his retirement date shows the following entries: a. he was awarded the EAME Campaign Medal, the American Campaign Medal, the World War II Victory Medal, the Army of Occupation Medal with Clasp (Japan), the Army of Occupation Medal with Clasp (Germany), the CIB, the Purple Heart, the Bronze Star Medal, the Republic of Korea Presidential Unit Citation, the Korean Service Medal, the United Nations Service...