BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100007195
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 (Report of Separation from Active Duty) to correct his awards, military occupational specialty (MOS), and date of entry on active duty.
2. The applicant states that he entered active duty on 7 May 1975. His MOS was 13B1P (Field Artillery with airborne qualification). His awards included the National Defense Service Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge. He states that he was offered a voluntary discharge with no counseling. He loved the Army and always regretted leaving. He was discharged on temporary records and all of his information was not available at the time. He wants his DD Form 214 correct before he dies.
3. The applicant provided no additional documentation 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 applicants 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 applicants 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 DD Form 4 (Enlistment Contract) and Special Orders Number 026, Armed Forces Examining and Entrance Station, Brooklyn, New York,
dated 7 May 1974, show that he enlisted in the Regular Army on 7 May 1974.
3. The applicant's DA Form 20 (Enlisted Qualification Record) shows in:
a. Item 22 (Military Occupational Specialties): 13B1P was initially awarded on 6 September 1974;
b. Item 28 (Specialized Training): 3-week Basic Airborne Course was completed on 4 October 1974; and
c. Item 41 (Awards and Decorations): National Defense Service Medal, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. On 10 October 1974, the applicant was assigned to C Battery, 1st Battalion (Airborne), 319th Field Artillery Brigade, located at Fort Bragg, North Carolina.
5. The applicant accrued a total of 49 days of lost time during the periods 20 to 27 January 1975 and 4 February to 16 March 1975.
6. On 24 April 1975, the applicant was discharged from active duty. His military service was characterized as under honorable conditions. He was issued a General Discharge Certificate. He had completed 9 months and 23 days of creditable active duty service.
7. The applicant's DD Form 214 shows in:
a. Item 15 (Date Entered Active Duty): 14 May 1974;
b. Item 16a (Primary Specialty Number and Title): "57A1O Duty Soldier ES None";
c. Item 18a (Net Active Service This Period): 9 months, 23 days;
d. Item 18c (Total Active Duty Service): 9 months, 23 days;
e. Item 18e (Total Service for Pay): 9 months, 23 days; and
f. Item 21 (Lost Time): 49 days.
8. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that all decorations, service medals, campaign credits, and badges awarded or authorized, as shown on the DA Form 20 were to be entered in Item 26. It further provided for the entry of MOS and dates of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his awards, date of entry on active duty, and MOS.
2. Records clearly show that the applicant entered active duty on 7 May 1974, was awarded MOS 13B1P, and received the National Defense Service Medal, Parachutist Badge, and Expert Marksmanship Qualification Badge. Accordingly, this information should be shown on his DD Form 214.
3. In view of the above, the applicant's request should be granted.
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. showing in Item 15: 7 May 1974;
b. showing in Item 16a: 13B1P, Field Artillery;
c. showing in Items 18a, 18c and 18e: 10 months and 0 days; and
d. deleting "NA" from Item 26 and adding the National Defense Service Medal, Parachutist Badge, and the Expert Marksmanship Qualification Badge with Rifle Bar.
_______ _ 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) AR20100007195
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) ARMY | BCMR | CY2010 | 20100023025
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 February 1991 to show: * the actual amount of time he served * he served during Operations Desert Shield/Desert Storm * he completed airborne training in August 1985 * all authorized awards 2. c. The regulation states for item 14 (Military Education) to list formal in-service (full-time attendance) training courses successfully completed during the...
ARMY | BCMR | CY2010 | 20100011559
The applicant requests, in effect, that his DD Form 214 (Report of Separation from Active Duty), dated 21 August 1974, be corrected to show he was awarded the Parachutist Badge and his primary military specialty number was 11E4P (Armor Crewman). The applicant contends that his DD Form 214 should be corrected to show he was awarded the Parachutist Badge and that he held MOS 11E4P at the time of separation. The available evidence shows he completed Basic Airborne Training on 25 February 1972...
ARMY | BCMR | CY2009 | 20090003938
Item 10 (Reenlistment code) of the applicant's DD Form 214 shows his RE Code as 1b. Army Regulation 640-2-1 (Personnel Qualification Records), in effect at the time, provided that letters of commendation, certificates of achievement, and service stars would not be recorded on the DA Form 2-1. There is no evidence in the applicant's service personnel records and the applicant did not provide sufficient evidence showing that he was either awarded or entitled to be awarded the Expert...
ARMY | BCMR | CY2014 | 20140003400
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation and Record of Service) as follows: * item 15 (Date Entered Active Duty This Period) to show 29 January 1975 vice 25 June 1975 * item 18f (Foreign and/or Sea Service This Period) to add his service from 15 January 1979 to 28 February 1979 in support of the Return of Forces to Germany (REFORGER) Exercise * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2010 | 20100008200
Application for correction of military records (with supporting documents provided, if any). The applicant requests that item 18a through item 18f under Record of Service of his 10 October 1975 DD Form 214 (Report of Separation from Active Duty) be corrected to add the missing data. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to the applicant's 10 October 1975 DD Form 214: * item 18a: 2 years, 11 months, and...
ARMY | BCMR | CY2011 | 20110024613
Application for correction of military records (with supporting documents provided, if any). Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. Based on the way the applicant stated his request it is difficult to determine if he is requesting that his item 15 (Date Entered Active Duty This Period) be changed or that his DEP time be...
ARMY | BCMR | CY2001 | 2001058986C070421
a. correction of item 18b (Prior Active Service) on his DD Form 215 (Correction to DD Form 214), dated 18 December 1981, which amended his DD Form 214 (Report of Separation from Active Duty) originally dated 18 November 1975 to show the entry “06 02 00”; The Board considered the applicant’s contention that item 25a (Specialty Number and Title) on his DD Form 214 with an effective date of 18 March 1963 should be corrected to show MOS 121.63. The Board also considered the applicant’s...
ARMY | BCMR | CY2013 | 20130010412
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Meritorious Service Medal (MSM) and Royal Thai Army Airborne Wings. A review of the applicant's military personnel records failed to reveal evidence of award of the MSM or Royal Thai Army Airborne Wings.
ARMY | BCMR | CY2010 | 20100022061
IN THE CASE OF: BOARD DATE: 15 March 2011 DOCKET NUMBER: AR20100022061 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant provides three DD Forms 214. Therefore, he is entitled to correction of his DD Form 214 for the period ending 1 February 1979 to show the date entered active duty this period as 1 March 1977.
ARMY | BCMR | CY2010 | 20100029560
Application for correction of military records (with supporting documents provided, if any). The applicant's service record contains the following documents which show he entered active duty in the Regular Army on 29 January 1974: * DD Form 4 (Enlistment Contract Armed Forces of the United States) * Special Orders Number 21, dated 29 January 1974 * DA Form 20 (Enlisted Qualification Record) 3. Special orders published on 29 January 1974, his enlistment contract, and his DA Form 20 show...