IN THE CASE OF:	  

		BOARD DATE:	    22 July 2010

		DOCKET NUMBER:  AR20100000894 


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 (Certificate of Release or Discharge from Active Duty) to show he entered active duty in June 1974.  He also requests correction of his DD Form 214 to show award of the National Defense Service Medal.

2.  The applicant states the following:

* His DD Form 214 incorrectly shows his active duty entry date
* He entered the delayed entry program in September 1973 while in high school and he entered active duty in June 1974
* He completed basic and advanced individual training at Fort Jackson, SC from June to August 1974
* His first assignment was Company B, 501st Supply and Transportation Battalion in Germany  and his second assignment was Fort Riley, KS in 1978

3.  The applicant provides the following documents:

* Certificate of Achievement
* Movement orders
* Certificate of Accomplishment



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 delayed entry program on 21 February 1974.  He enlisted in the Regular Army on 14 June 1974.  Upon completion of basic combat training and advanced individual training at Fort Jackson, SC, he was assigned to Germany with Company B, 501st Supply and Transportation Battalion.  He was discharged on 28 March 1978 after completing 3 years, 9 months, and 
15 days of active military service.  

3.  The applicant’s service record does not include a DD Form 214 for the period 21 February 1974 to 28 March 1978.   

4.  The applicant reenlisted in the Regular Army on 29 March 1978.  He departed Germany in July 1979 and was reassigned to Fort Riley, KS.  He was discharged on 28 December 1980 for immediate reenlistment.  

5.  The applicant reenlisted in the Regular Army on 29 December 1980 and was discharged on 16 December 1985.  

6.  The applicant was issued a DD Form 214 which shows he entered active duty on 29 March 1978 and that he was discharged on 16 December 1985 after completing 7 years, 8 months, and 18 days net active service this period.  Item 12d (Total Prior Active Service) on this DD Form 214 shows 3 years, 9 months, and 15 days total prior active service.  

7.  His 16 December 1985 DD Form 214 does not show the National Defense Service Medal as an authorized award.

8.  Item 9 (Awards, Decorations and Campaigns) on his DA Form 2-1 (Personnel Qualification Record – Part II) shows the National Defense Service Medal.  

9.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  The version in effect at the time stated that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued.  It also stated that effective 1 October 1979, DD Form 214s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.  Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.

10.  Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the date of 29 March 1978 is incorrect on his DD Form 214 is acknowledged.  However, the evidence of record does not confirm his entry date is in error.  

2.  The evidence of record shows the applicant enlisted in the Regular Army on 14 June 1974 and he was discharged on 28 March 1978 for immediate reenlistment.  In accordance with the regulation in effect at the time, he should have been issued a DD Form 214 for this period of service; however, there is no DD Form 214 for this period in the available record.

3.  The applicant reenlisted on 29 March 1978 and continued to serve until he was discharged on 16 December 1985.  He was issued a DD Form 214 for this period of active service, which reflects he completed 7 years, 8 months, and 
18 days of net active duty service for this period and 3 years, 9 months, and 
15 days of total prior active duty service.

4.  Although there is no evidence of record which shows the applicant was issued a DD Form 214 for his period of active service from 14 June 1974 to 28 March 1978 he should have been issued one.  Since such a determination cannot be made and a DD Form 214 cannot be prepared, he should be issued an appropriate document to show this period of active service.




5.  The evidence of record shows the applicant served a period of honorable active service for award of the National Defense Service Medal and this award is listed on his DA Form 2-1.  However, his 16 December 1985 DD Form 214 does not show this award.  Therefore, it would be appropriate to amend his DD Form 214 to show the National Defense Service Medal.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X___  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

		a.  issuing him an appropriate document to record his period of active service from 14 June 1974 to 28 March 1978; and 

		b.  amending his DD Form 214 by adding the National Defense Service Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending his DD Form 214 to show he entered active duty in June 1974.  




      _______ _ 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)                                         AR20100000894



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)