IN THE CASE OF:	  

		BOARD DATE:	  20 May 2010

		DOCKET NUMBER:  AR20090019302 


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 items 12a (Date Entered AD [Active Duty] This Period), 12c (Net Active Service This Period), 12d (Total Prior Active Service), and 12f (Foreign Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 October 1993.  He also requests, in effect, correction of item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on this DD Form 214 to show two additional awards of the Army Commendation Medal (ARCOM) and one award of the Meritorious Service Medal (MSM).

2.  The applicant states:

* his date of entry was 30 May 1972
* he had no prior service
* he served all 21 years and 5 months with no break in service
* he had over 5 years of foreign service
* he has four awards of the ARCOM 
* there were orders for the MSM   

3.  The applicant provides:

* orders for the ARCOM, dated 10 June 1993
* DA Form 2-1 (Personnel Qualification Record)
* 4 January 1991 enlistment document
* orders for the Good Conduct Medal
* Letter of Commendation
* health records
* 1974 Enlisted Efficiency Report
* Statement of Personal History
* discharge orders
* Certificate of Proficiency
* Diploma
* photograph of Soldiers
* DD Form 214 for the period ending 31 October 1993

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 enlisted in the Regular Army on 30 May 1972 for a period of 
3 years.  He served in Germany and was honorably discharged for immediate reenlistment on 21 January 1973.  

3.  Item 15 (Date Entered Active Duty This Period) on the applicant's DD Form 214 for period ending 21 January 1973 shows the entry "72 05 30" [30 May 1972].  Items 18a (Net Active Service This Period) and 18c (Total Active Service) on this DD Form 214 show he served 2 years, 7 months, and 22 days.  Item 18f (Foreign and/or Sea Service This Period) on this DD Form 214 shows he completed 1 year, 11 months, and 6 days of foreign service.  

4.  The applicant reenlisted on 22 January 1975 for a period of 4 years.  He served in Germany and was honorably discharged for immediate reenlistment on 18 October 1978.

5.  Item 15 on the applicant's DD Form 214 for period ending 18 October 1978 shows the entry "75 01 22" [22 January 1975].  Item 18a on this DD Form 214 shows he served 3 years, 8 months, and 27 days.  Item 18b (Prior Active Service) on this DD Form 214 shows he had 2 years, 
7 months, and 22 days of prior active service.  Item 18c on this DD Form 214 shows he completed 6 years, 4 months, and 19 days of total active service.  Item 18f on this DD Form 214 shows he completed 3 months and 26 days of foreign service.  

6.  The applicant reenlisted on 19 October 1978 for a period of 3 years.  He remained on active duty through continuous reenlistments until he retired on 
31 October 1993 in the rank of sergeant first class. 

7.  Item 12a on the applicant's DD Form 214 for the period ending 19 October 1978 shows the entry "78 10 19" [19 October 1978].  Item 12c on this DD Form 214 shows he served 15 years and 12 days of net active service this period.  Item 12d on this DD Form 214 shows he served 6 years, 4 months, and 19 days of prior active service.  Item 12f on this DD Form 214 shows he served 3 years and 8 days of foreign service.  This DD Form 214 shows, among other awards, two awards of the ARCOM.  This DD Form 214 does not show the MSM as an authorized award.

8.  Headquarters, 4th Infantry Division (Mechanized) Permanent Order 161-6, dated 22 August 1984, shows the applicant received the ARCOM for meritorious service for the period 1 March 1982 to 31 August 1984.

9.  Headquarters, 7th Transportation Group Permanent Orders 28-16, dated 
10 June 1993, show the applicant received the ARCOM for meritorious service for the period 13 October 1983 to 31 October 1993.

10.  There are no orders for any additional awards of the ARCOM in the available records.

11.  There are no orders for the MSM in the available records.

12.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 shows he served in Germany from 17 November 1978 to 10 September 1980, he served in Honduras from 24 August 1983 to 18 October 1983, and he served in Turkey from 
17 October 1984 to 5 November 1985 (a total of 3 years and 8 days of foreign service).  

13.  Army Regulation 600-8-22 (Military Awards) states the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

14.  Army Regulation 600-8-22 states the Meritorious Service Medal is awarded to members of the Armed Forces of the United States or of a friendly foreign nation who distinguish themselves by outstanding meritorious achievement or service in a noncombat area.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.  

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The regulation states, in pertinent part, that for item 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states that for:

   a.  item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;
   
   b.  item 12c, enter the amount of service this period by subtracting item 12a from 12b (Separation Date This Period).  Lost time under Title 10, U.S. Code, section 972 and non-creditable time after expiration term of service, if any, are deducted.  Such time will be identified in item 18 (Remarks).  If Soldier was released from active duty because of voided enlistment, enter “00 00 00”; 

   c.  item 12d, from previously-issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.  If not applicable, enter
“00 00 00”; and
   
   d.  item 12f, from the Enlisted Record Brief/Officer Record Brief enter the total amount of foreign service completed during the period covered in item 12c.







DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant enlisted in the Regular Army on 
30 May 1972, which is properly reflected on his DD Form 214 for the period ending 21 January 1975.  He immediately reenlisted in the Regular Army on 
22 January 1975, which is properly reflected on his DD Form 214 for the period ending 18 October 1978.  He entered into a continuous period of Regular Army service beginning on 19 October 1978.  Additionally, his period of prior active service (from 30 May 1972 to 18 October 1978, a total of 6 years, 4 months, and 19 days) is properly reflected in item 12d on his DD Form 214 for the period ending 31 October 1993.  Therefore, there is no basis for granting the applicant’s request to amend items 12a, 12c, or 12d of his DD Form 214 for the period ending 31 October 1993.

2.  The governing regulation states the total amount of foreign service completed during the period covered would be entered in item 12f on the DD Form 214.  Evidence of record shows the applicant served 3 years and 8 days of foreign service during the period 19 October 1978 to 31 October 1993, which is properly reflected in item 12f on his DD Form 214 for the period ending 31 October 1993.  Therefore, there is insufficient evidence on which to amend item 12f on this 
DD Form 214.  

3.  The applicant contends he has four awards of the ARCOM.  However, orders show he received two awards of the ARCOM and his DD Form 214 for the period ending 31 October 1993 shows two awards of the ARCOM.  Therefore, there is insufficient evidence on which to amend item 13 on his DD Form 214 for the period ending 31 October 1993 to show any additional awards of the ARCOM. 

4.  There are no orders for the MSM in the available records.  Therefore, there is insufficient evidence on which to amend item 13 on his DD Form 214 for the period ending 31 October 1993 to show this medal.    

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)                                         AR20090019302



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090019302



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1