IN THE CASE OF:	  

		BOARD DATE:	  4 January 2011

		DOCKET NUMBER:  AR20100016863 


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) as follows:  

	a.  Item 13b (Type of Certificate Issued) to show the correct type of certificate and the issuance of such certificate. 

	b.  Item 22c (Foreign and/or Overseas Service) to show his service in Korea.  

	c.  Item 23a (Specialty Number and Title) to show a communications military occupational specialty (MOS) instead of the current entry as "74Y" (Supply Specialist).

	d.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) to show he served as a member of a QRF (Quick Reaction Force).

	e.  Item 26a (Non-Pay Periods Time Lost) to reflect special circumstances. 

	f.  Item 30 (Remarks) to reflect 22 days of hospitalization in the 121st Evacuation Hospital and that he was in a temporary duty status (TDY) at the Demilitarized Zone (DMZ) in Korea.  

2.  The applicant states his DD Form 214 contains several administrative errors. 

3.  The applicant provides:
* Several copies of his DD Form 214 with multiple entries highlighted
* DA Form 8-275-3 (Clinical Record Cover Sheet)
* DA Form 8-275-1 (Clinical Record Cover Sheet)

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 records show he was inducted into the Army of the United States on 17 August 1966.  He was assigned to Company D, 2nd Battalion, 4th Brigade, Fort Ord, CA, for completion of advanced individual training (AIT) in MOS 05B (Radio Operator).  However, there is no indication he completed training or awarded a communications MOS. 

3.  On 15 November 1966, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for being absent without leave (AWOL) from 13 to 15 November 1966. 

4.  On 23 February 1967, he was reassigned to Company A, 2nd Battalion, 4th Brigade, and completed on-the-job training (OJT) for MOS 76A (Supply Specialist).

5.  On 27 February 1967, he departed his training unit in an AWOL status.  He returned on 12 March 1967.  He also had two more periods of AWOL, from 6 to 9 April 1967 and from 13 to 17 April 1967.

6.  On 2 May 1967, he again departed his unit in an AWOL status and on 31 May 1967, he was dropped from the Army rolls.  He returned to military control at Fort Ord, CA, on 28 July 1967.

7.  On 19 October 1967, he was convicted by a special court-martial of one specification of AWOL from 2 May to 28 July 1967 and one specification of disobeying a lawful order.  The court sentenced him to a reduction to private (PVT)/E-1, confinement at hard labor for 3 months, and a forfeiture of $37.00 pay per month for 3 months.  The convening authority approved his sentence on 7 November 1967 but suspended the reduction and the confinement for a period of 3 months.

8.  His records also show he accepted NJP under the provisions of Article 15 of the UCMJ on two more occasions as follows:

* On 9 February 1968, for twice failing to go at the time prescribed to his appointed place of duty
* On 8 March 1968, for violation of a lawful order

9.  On 26 March 1968, he was reassigned to Korea where he performed duties as a Supply Clerk in MOS 76A with Headquarters and Headquarters Company, 76th Engineer Battalion.  He was awarded primary MOS 76Y (Unit and Organization Supply Specialist) on 29 August 1968.  He departed Korea on      23 November 1968.

10.  He was honorably released from active duty on 24 November 1968 and he was transferred to the U.S. Army Reserve Control Group for completion of his Reserve obligation.  His DD Form 214 shows the following entries in:

* Item 13a (Character of Service), "Honorable"
* Item 13b, "None"
* Item 22c, "UNK (Unknown)"
* Item 23a, "74Y2O Supply Spec"
* Item 24, NDSM (National Defense Service Medal) and AFEM (Armed Forces Expeditionary Medal)
* Item 26a, "2 May to 28 July 1967"
* Item 30, "EM (Enlisted Member) separated with temporary record and Soldiers [sic] Affidavit"

11.  He submitted several copies of the same DD Form 214, wherein he highlighted various blocks and typed or handwrote various entries in each block, asked questions, or posted notes.  He also submitted DA Forms 8-275-3 and     8-275-1, dated 28 August 1968, that listed his MOS as 76A and showed he stayed in the 121 Evacuation Hospital, Korea, for 22 days.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Chapter 2 states:
	a.  Item 13a, for all personnel, shows the form number of the certificate issued, such as DD Form 256A (Honorable Discharge Certificate).  In cases where no formal certificate is authorized to be issued, enter "None."

	b.  Item 22c, for enlisted personnel, shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed.  For example, USARPAC (U.S. Army Pacific Command).

	c.  Item 23a, shows the primary MOS code number and title. 

	d.  Item 24, shows all decorations, service medals, campaign credit, and badges awarded or authorized, omitting authorities cited therein.

	e.  Item 26a, shows the inclusive dates of non-pay periods/time lost during the preceding 2 years.

	f.  Item 30, is used to complete entries too long for their respective blocks. 

13.  A review of his records indicates his entitlement to an additional award in recognition of his Korean service which is not shown on his DD Form 214.

14.  Army Regulation 600-8-22 (Military Awards) states that the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is from 28 July 1954 to a date to be determined by the Secretary of Defense.  Service members must have been assigned, attached, or mobilized to units operating in the area of eligibility for 30 consecutive or for 60 nonconsecutive days.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his discharge certificate, although he received an honorable character of service, he was not discharged.  He was released from active duty; therefore, he was not authorized the issuance of a formal certificate.  Therefore, the entry "None" in item 13b is correct.

2.  With respect to his foreign service, the evidence of record shows he served in USARPAC, Korea, from 26 March 1968 to 23 November 1968.  Therefore, he is entitled to correction of item 22c to show completion of 8 months of foreign service and USARPAC as the last overseas theater.

3.  With respect to his MOS, there is no evidence he completed training and/or was awarded a communications MOS.  His records show he was awarded MOS 76Y through OJT.  This MOS is erroneously shown as 74Y in item 23a.  Therefore, he is entitled to correction of his DD Form 214 to show the correct MOS.

4.  With respect to his awards and decorations, his service in Korea from 26 March to 23 November 1968 qualifies him for award of the Korea Defense Service Medal; therefore, he is entitled to correction of his records to show this award.  However, there is no evidence in his records he served as a member of a QRF.  But even if he did, there is no provision to list this service in the awards and decorations block or anywhere on the DD Form 214. 

5.  With respect to his lost time, the evidence of record shows he was in AWOL status for a total of 133 days during the following periods:

* 3 days, from 13 November to 15 November 1966
* 14 days, from 27 February to 12 March 1967
* 3 days, from 6 April to 9 April 1967
* 5 days, from 13 April to 17 April 1967
* 88 days, from 2 May to  28 July 1967

6.  Item 26a of his DD Form 214 only shows one period of AWOL (86 days, from 2 May to 28 July 1967).  It is the policy of this Board not to correct an administrative error if the correction would result in a less favorable action to the applicant.  Additionally, lost time is lost time; there is no provision to list any special circumstances with respect to lost time.  

7.  With respect to his hospitalization and/or TDY at the DMZ, there is no provision to list such entries in item 30 of his DD Form 214.  His hospitalization is appropriately documented on his medical record and although there is no evidence he served at the DMZ, this service would be documented on his DA Form 20 (Enlisted Qualification Record).

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* Deleting from item 23a of his DD Form 214 the entry "74Y2O" and adding the entry "76Y2O"
* Deleting from item 22c of his DD Form 214 the entry "UNK" and adding the entry "USARPAC 00  08  00"
* Adding to item 24 of his DD Form 214 the Korea Defense Service Medal

2.  The Board further determined 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:

* Type of Certificate Issued and the issuance of a certificate
* Showing a communications military occupational specialty
* Service as a member of a Quick Reaction Force
* Removal of lost time or listing of any special circumstances
* Listing of 22 days of hospitalization in the 121st Evacuation Hospital and his TDY at the DMZ



      _______ _   _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)                                         AR20100016863



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ABCMR Record of Proceedings (cont)                                         AR20100016863



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