IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100020719 


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:

* An honorable character of service
* His home of record (HOR) as El Paso, TX
* In effect, award of the Army Commendation Medal

2.  The applicant states his DD Form 214 does not reflect his character of service.  He would like to apply for State benefits.

3.  The applicant provides:

* DD Form 214
* Separation orders from active duty
* Orders awarding him the Army Commendation Medal
* Discharge orders from the U.S. Army Reserve (USAR)

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.  Prior to his appointment as a commissioned officer, the applicant completed a DD Form 398 (Statement of Personal History) on 6 April 1973.  He listed his permanent mailing address as El Paso, TX.  

3.  His records show he was appointed as a Reserve commissioned officer of the Army in the rank of second lieutenant on 10 June 1973.  His appointment memorandum listed his address as El Paso, TX. 

4.  He entered active duty at Fort Sill, OK, on 26 August 1973, and completed the Field Artillery Officer Basic Course.  He served in staff or leadership positions and he was promoted to captain (CPT) on 26 August 1977.  He also served in Germany from 30 April 1974 to 26 June 1977.

5.  He was honorably released from active duty at Fort Hood, TX, on 30 September 1981, for personal reasons, and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  The DD Form 214 he was issued shows the following entries:

* item 6 (Place of Entry Into Active Duty) "Fort Sill, OK"
* item 8 (Station Where Separated) "Fort Hood, TX"
* Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the National Defense Service Medal
* item 24 (Character of Service) "Honorable"

6.  He was ultimately honorably discharged from the USAR on 16 August 1986.

7.  He submitted Permanent Orders 115-45, issued by Headquarters, 2nd Armored Division, Fort Hood, TX, awarding him the Army Commendation Medal for service.

8.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve Component status are eligible for the award upon successful completion of initial entry training.  The award may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.

	b.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Item 6 showed the place of entry on active duty and item 8 showed the station where the Soldier was separated.  The version in effect at the time did not list the HOR.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the character of service, the applicant was honorably released from active duty on 30 September 1981.  His DD Form 214 properly shows his character of service.  He was provided with a copy of this form by separate correspondence. 

2.  With respect to the HOR, the regulatory policy in effect at the time of the applicant's separation from active duty did not authorize the DD Form 214 to show the HOR.  As such, there is no provision to correct the applicant's DD Form 214 to show his HOR.  The applicant may use this Record of Proceedings to confirm his HOR as El Paso, TX.

3.  Permanent orders awarded him the Army Commendation Medal which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this award.

4.  The Army Service Ribbon may be awarded retroactively to those personnel who completed the required training before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant completed the Field Artillery Officer Basic Course and continued to serve on active duty through 30 September 1981.  Therefore, he is entitled to correction of his records to show this award.
5.  The applicant served in Germany from 30 April 1974 to 26 June 1977.  He was credited with an overseas tour and had an Active Army status on or after 1 August 1981.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his records to show it.

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 adding to his DD Form 214 the Army Commendation Medal, the Army Service Ribbon, and the Overseas Service Ribbon.

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 the HOR.



      _________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)                                         AR20100020719



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ABCMR Record of Proceedings (cont)                                         AR20100020719



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