IN THE CASE OF:	  

		BOARD DATE:	    19 August 2010

		DOCKET NUMBER:  AR20100007660 


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) by:

* changing the entry in Item 19c (Date of Entry) from "30 Jun 62" [30 June 1962] to "30 Jun 59" [30 June 1959]
* adding to Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Presidential Unit Citation or the Meritorious Unit Commendation and any/all other medals to which he is entitled 

2.  He states, in effect, that during 1960 - 1961, he served in Greece with the 37th U.S. Army Artillery Detachment, a Nike and Hercules missile unit.

3.  He provides copies of:

* his DD Form 214
* his DA Form 20 (Enlisted Qualification Record)
* his DA Form 24 (Service Record)
* a letter from the Military Personnel Records Division, National Personnel Records Center (NPRC), St. Louis, MO

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.  His record contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) and a 3AA Form 291-R (Certificate Regarding Assignment, Housing and Oversea Transportation for Dependents), both dated 30 June 1959, which show he enlisted in the Regular Army (RA) on that date.

3.  His record contains (and he also provides) a DA Form 20 for the period
30 June 1959 to 29 June 1962, which contain the following pertinent information:

* Item 10 (Enlisted or Inducted) shows he enlisted in the RA on 30 June 1959
* Item 29 (Foreign Service) shows he served in Greece from 13 September 1960 through 8 September 1961
* Item 33 (Record of Assignments) shows he was assigned to the 37th U.S. Army Artillery Detachment from 23 November 1959 to 29 June 1962

4.  His record contains (and he also provides) a DA Form 24 covering the period 30 June 1959 to 29 June 1962 which contain the following pertinent information:

* Section 4 (Chronological Record of Military Service) shows he was assigned to the 37th U.S. Army Artillery Detachment on 20 November 1959 through 23 August 1961
* Section 5 (Service Outside Continental United States) shows he departed the United States en route to Greece 13 September 1960 and he returned to the United States on 8 September 1961
* Section 9 (Medals, Decorations, and Citations) shows he was awarded the:

* Good Conduct Medal (1st Award)
* Marksman Marksmanship Qualification Badge with Carbine Bar
* Expert Marksmanship Qualification Badge with Rifle Bar (M-1)

5.  A review of documents contained in his military personnel record shows that his date of enlistment consistently appears as 30 June 1959.

6.  Item 19c of his DD Form 214 shows he entered active duty on 30 June 1962.  Item 24 (Statement of Service) shows the following entries:

* Item 24a(1) (Net Service This Period) shows "3 years, 0 months, and
0 days"
* Item 24a(2) (Other Service) shows "0 years, 0 months, and 0 days"
* Item 24b (Total Active Service) shows "3 years, 0 months, and 0 days."

7.  There is no evidence in the available record and he has not provided any evidence showing he was either recommended for or awarded additional awards or decorations.

8.  A thorough review of the unit award databases maintained by the U.S. Army Human Resources Command and the U.S. Army Institute of Heraldry failed to reveal any unit awards for the 37th U.S. Army Artillery Detachment during his period of assignment.

9.  He provides a letter from the Military Personnel Records Division, NPRC, dated 30 July 2009, which shows he was being sent the following replacement medals based upon information he had provided:

* Army Good Conduct Medal (1st Award)
* Expert Marksmanship Qualification Badge with Rifle Bar]
* Marksman Marksmanship Qualification Badge with Carbine Bar

10.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that the date of enlistment or reenlistment would be entered in item 19c of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by:

* changing the entry in Item 19c (Date of Entry) from "30 Jun 62" [30 June 1962] to "30 Jun 59" [30 June 1959]
* adding to Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) the Presidential Unit Citation or the Meritorious Unit Commendation and any/all other medals to which he is entitled

2.  The evidence clearly shows he enlisted in the RA on 30 June 1959.  The evidence also shows he was issued a DD Form 214 in which his date of entry is erroneously shown as 30 June 1962.  Therefore, he is entitled to correction of his DD Form 214 to show his correct date of entry as 30 June 1959.

3.  There is no evidence in the available record and he has not provided any evidence showing he was either recommended for or awarded additional awards or decorations.

4.  A thorough review of the unit award databases maintained by the U.S. Army Human Resources Command and the U.S. Army Institute of Heraldry failed to reveal any unit awards for the 37th U.S. Army Artillery Detachment during his period of assignment.  Therefore, he is not entitled to correction of his DD Form 214 to show any additional awards.

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 all Department of the Army records of the individual concerned be corrected by 
deleting from item 19c of his DD Form 214 the entry "30 June 1962" and replacing it with the entry "30 June 1959."

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 showing entitlement to any additional unit or individual awards and decorations.



      _______ _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)                                         AR20100007660



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)