IN THE CASE OF:
BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100022440
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) for the period ending 18 November 1974 to show he entered active duty on 18 November 1972.
2. He states that he is a federal worker applying for inclusion of his military service for government retirement. Item 15 (Date Entered Active Duty This Period) of his DD Form 214 is blank for his initial entry in the service in 1972. He states that the National Finance Center will not process his requests for crediting his military service without his DD Form 214 containing his date of entry.
3. He provides a document from the U.S. Office of Personnel Management and two DD Forms 214.
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. A DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States), dated 20 November 1972, shows the applicant enlisted in the Regular Army on this date. On 18 November 1974, he was honorably discharged after completing 2 years of creditable active service.
3. Item 15 of his DD Form 214 for the period ending 18 November 1974 entry is blank.
4. Army Regulation 635-5 (Separation Documents) in effect at that time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized preparation of the DD Form 214. In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It stated for item 15 enter the year, month, and day the member entered active duty this period.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant entered active duty on 20 November 1972 and was honorably discharged on 18 November 1974. Therefore, item 15 of his DD Form 214 for the period ending 18 November 1974 should be amended to add "72" [year], "11" [month], and "20" [day].
BOARD VOTE:
__X_____ __X_____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 adding the entry "72" [year], "11" [month], and "20" [day] to item 15 of his DD Form 214 for the period ending 18 November 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) AR20100022440
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100022440
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130015523
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 4 December 1974 to show two tours of duty in Vietnam, one tour in Korea, and that he was awarded or authorized the: * Army Good Conduct Medal (AGCM) * National Defense Service Medal (NDSM) * Vietnam Service Medal (VSM) * Korea Defense Service Medal (KDSM) * Republic of Vietnam Campaign Medal with Device (1960) (VCM) * Sharpshooter Marksmanship Qualification Badge with Machine...
ARMY | BCMR | CY2009 | 20090019302
The applicant states: * his date of entry was 30 May 1972 * he had no prior service * he served all 21 years and 5 months with no break in service * he had over 5 years of foreign service * he has four awards of the ARCOM * there were orders for the MSM 3. The applicant provides: * orders for the ARCOM, dated 10 June 1993 * DA Form 2-1 (Personnel Qualification Record) * 4 January 1991 enlistment document * orders for the Good Conduct Medal * Letter of Commendation * health records * 1974...
ARMY | BCMR | CY2008 | 20080007285
Chapter 14 of the regulation deals with separation for various types of misconduct, which includes drug abuse, and provides that individuals identified as drug abusers may be separated prior to their normal expiration of term of service. Based on his record of indiscipline, the applicant's service clearly does not meet the standards of acceptable conduct and performance of duty for Army personnel. As a result, the Board recommends that all Department of the Army records of the individual...
ARMY | BCMR | CY2009 | 20090003957
The applicant provides, in support of his application, his DA Form 20 (Enlisted Qualification Record), reviewed on 2 June 1970 and audited 30 October 1973; Headquarters, U.S. Army Support Element, Military Region 1 (Vietnam), General Orders Number 148, dated 4 July 1972; DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 26 October 1969; and DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 May 1974. The...
ARMY | BCMR | CY2010 | 20100007740
Application for correction of military records (with supporting documents provided, if any). He was issued a DD Form 214 which shows, in Item 15, the date 17 January 1972. As a result, the Board recommends denial of so much of the application that pertains to amending Item 15 of his DD Form 214 for the period ending 16 October 1974 to show he entered on active duty on 17 January 1971.
ARMY | BCMR | CY2010 | 20100028938
The applicant provides a DD Form 214 for the period ending 21 January 1971. Evidence shows he served in Korea in 1964/1965 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 18 March 1965. Evidence shows he served in Germany in 1972/1973 which is properly shown on his DA Form 20 and in item 24c of his DD Form 214 for the period ending 21 January 1974.
ARMY | BCMR | CY2011 | 20110003912
The applicant provides: * his DD Form 214 * pages 3 and 4 of his DA Form 20 (Enlisted Qualification Record) CONSIDERATION OF EVIDENCE: 1. Item 31 (Foreign Service) of his DA Form 20 shows he served in Vietnam from 25 January 1972 through 4 October 1972. It states that for: a. item 22c, enter total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea...
ARMY | BCMR | CY2015 | 20150003906
The applicant's record contains two DD Forms 214. d. The evidence shows, during this period of service he served in Vietnam from 5 December 1969 to 13 March 1970, which equals a total of 0 years, 3 months, and 09 days of Vietnam service during the period covered by this DD Form 214. e. Army Regulation 635-5, paragraph 2-50b(18) states item 30 of the DD Form 214 should indicate Indochina and Korea service on or after 5 August 1964. Item 17c of this DD Form 214 properly shows he reenlisted...
ARMY | BCMR | CY2010 | 20100028632
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 15 March 1974 to show the Combat Medical Badge (CMB), Republic of Vietnam Gallantry Cross with Palm Unit Citation, and any other unit awards to which he may be entitled. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 26 of his DD Form 214 for the period ending 15 March 1974 the Vietnam...
ARMY | BCMR | CY2011 | 20110022909
IN THE CASE OF: BOARD DATE: 29 May 2012 DOCKET NUMBER: AR20110022909 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He provides a statement from Mr. C, his DA Form 20 (Enlisted Qualification Record), a memorandum regarding his medical clearance for flight duty, and a copy of the Record of Proceedings for the previous consideration of his application. His DA Form 20 shows in: * item 22 (Military Occupational Specialties) he was awarded secondary MOS 91B2O (Medical Specialist) on 13 June...