IN THE CASE OF:
BOARD DATE: 7 January 2010
DOCKET NUMBER: AR20090013237
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct dates of service.
2. The applicant states that the dates of his service on his DD Form 214 are wrong and need to be corrected.
3. The applicant provides copies of his DD Form 214 and his Honorable Discharge Certificate 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 personnel records for the period from 1961 to 1967 are not available. However, his subsequent records dating from about 1973 are available and provide sufficient documentation to conduct a fair and impartial review of this specific request.
3. The applicant's DD Form 214, effective 15 August 1967, shows the following:
a. that he enlisted on 26 October 1967 for 6 years;
b. that he had 9 months and 14 days of "other" service;
c. that he had 5 years, 9 months, and 20 days of active duty service during this period;
d. that he was honorably discharged on 15 August 1967; and
e. that he completed a total of 6 years, 7 months, and 4 days of total active service.
4. A DA Form 1696 (Enlistment Qualifying Application), dated 20 June 1973, shows that the applicant had served in the Army from 10 January 1961 to 26 October 1967 and had attained the rank of sergeant, pay grade E-5.
5. Item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record Part II) shows that he served on active duty from January 1961 to October 1967.
6. A DD Form 4 (Enlistment Contract), dated 27 July 1973, shows that the applicant had previously served in the Regular Army from 26 October 1961 to 15 August 1967.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct date of entry into the service.
2. The available evidence clearly shows that the applicant entered military service on 10 January 1961, although it cannot be determined if his entry was through enlistment or induction. He should have received a DD Form 214 for the period 10 January 1961 through 25 October 1961, and administrative regularity must be presumed. He then enlisted or immediately reenlisted on 26 October 1961 and was honorably discharged on 15 August 1967. Therefore, his DD Form 214 for the period ending 15 August 1967 should show his date of entry as 26 October 1961.
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 showing on his DD Form 214 his date of entry as 26 October 1961.
____________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) AR20090013237
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090013237
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090004363
Army Regulation 600-8-22 as amended provides that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined. The applicant served a period of qualifying service for two awards of the National Defense Service Medal. Since the governing regulation in effect at the time of the applicant's...
ARMY | BCMR | CY2011 | 20110019143
He also requests correction of this DD Form 214 to show award of the Vietnam Service Medal and Republic of Vietnam Campaign Medal with Device (1960). The evidence of record shows he served a period of qualifying service in Vietnam for award of the Vietnam Service Medal with one bronze service star for participation in the Vietnam Advisory Campaign and the Republic of Vietnam Campaign Medal with Device (1960). As a result, the Board recommends that the DD Form 214 for the period ending 28...
ARMY | BCMR | CY2014 | 20140005015
IN THE CASE OF: BOARD DATE: 12 November 2014 DOCKET NUMBER: AR20140005015 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The evidence of record shows: a. GOs awarded the applicant the * PH * ARCOM (2nd OLC) b. the applicant qualified for award of the * NDSM * KDSM * RVNCM with Device (1960) c. the applicant also qualified for award of the VSM and he participated in three campaigns during his service in Vietnam. As a result, the Board recommends that all Department of the Army records...
ARMY | BCMR | CY2011 | 20110001850
The FSM's military service records do not contain a DD Form 214 for the period of service from 20 January 1953 through 27 November 1955. The applicant's military personnel record does not contain any orders or other evidence showing he was recommended for or awarded the Combat Infantryman Badge (2nd Award). The evidence of record shows that during the period of service: a.
ARMY | BCMR | CY2012 | 20120009207
The Vietnam Service Medal 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. Based on his period of service in Vietnam he is entitled to the Republic of Vietnam Campaign Medal with Device (1960) and the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting from item 22c of his DD Form 214 the entry "See...
ARMY | BCMR | CY2014 | 20140003085
Although it was not until March 1972 that Change Number 15 to Army Regulation 635-5 authorized an entry on the DD Form 214 to indicate Indochina and Korea service on or after 5 August 1964, there is no harm in adding his service in the Republic of Vietnam during the period 23 January 1967 through 26 February 1968 to his DD Form 214. Records show the applicant served a qualifying period of service in the Republic of Vietnam for award of the Republic of Vietnam Campaign Medal with Device...
ARMY | BCMR | CY2010 | 20100019706
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 October 1982 to: * show he had no inactive service * show he completed 5 years of foreign service in Panama and two 12-month tours in Korea 2. The DD Form 214 (Report of Separation from Active Duty) for this period of service shows he completed 1 month and 20 days of foreign service in Korea during the period covered by this DD Form 214. With respect to...
ARMY | BCMR | CY2011 | 20110019491
The applicant requests correction of his DD Form 214 (Armed Force of the United States Report of Transfer or Discharge) to show the Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), and the Overseas Service Ribbon. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. The evidence of record shows he served in...
ARMY | BCMR | CY2014 | 20140015321
The applicant requests, in effect, correction of item 30 (Remarks) of his final DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he had served in Korea. It stated the purpose of a separation form is to provide an individual with documentary evidence of his/her military service. _______ _ _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.
ARMY | BCMR | CY2013 | 20130012784
Item 31 (Foreign Service) and item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) show he deployed with the 6th Battalion, 14th Artillery to Vietnam on 4 October 1965. Awarding him the Army Good Conduct Medal (First Award) for the period of service 15 January 1964 to 11 January 1966. b. Adding the following awards to his DD Form 214: * Army Good Conduct Medal (First Award) * Presidential Unit Citation (Army) * Meritorious Unit Commendation (Army) * National...