IN THE CASE OF:
BOARD DATE: 13 April 2011
DOCKET NUMBER: AR20100023422
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) to show his honorable service.
2. He states, in effect, item 13a (Character of Service) is blank and as a result, he is not able to apply for Department of Veterans Affairs (VA) benefits. He contends item 13a should at least show "Honorable."
3. He provided:
* his DD Form 214
* a printout of an email transmission
* a consent form for release of personal records
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. His military personnel record shows he was inducted into the Army of United States on 7 September 1967. After the completion of training, he was awarded military occupational specialty (MOS) 76Y (Unit and Organizational Supply Specialist).
3. His record contains Headquarters, U.S. Army Personnel Center, Special Orders Number 101 issued on 11 April 1969. These orders show he was released from active duty (REFRAD) on 11 April 1969 and transferred to the U.S. Army Reserve (USAR) Control Group, (Annual Training) for completion of his
6-year Reserve Service Obligation. The Separation Program Number (SPN) used was 411 (Early Separation of Oversea Returnees).
4. Accordingly, on 11 April 1969, he was REFRAD and transferred to the USAR Control Group (Annual Training) after completing 1 year, 7 months, and 5 days of net active service; 1 year, 1 month, and 2 days of foreign service in Vietnam and no lost time.
5. His DD Form 214 contains the following entries:
* Item 13a is blank
* Item 13b (Type of Certificate Issued) is blank
6. He provided a printout of an email transmission between him and the Army Human Resources Command, Veterans Inquiry Branch, dated 25 August 2010. This email shows he requested to have his character of service corrected on his DD Form 214; however, he was referred to the ABCMR for correction.
7. He also provided a form for Consent for Release of Personal Records by Executive Agencies, signed on 1 July 2010. This form grants the VA permission to release any information pertaining to past, present and future VA claims and issues.
8. Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents that were required to be prepared and furnished to Soldiers upon separation from the Army. It also established standardized policy for preparing and distributing the DD Form 214. Section III of this Army regulation contains guidance on the preparation of the
DD Form 214. It states when an enlisted person is transferred or returned to a Reserve Component, enter one of the following in capital letters in item 13a, "HONORABLE," "UNDER HONORABLE CONDITIONS," OR "DISHONORABLE."
9. The same regulation provides guidance on the issuance of discharge certificates. It states to enter the form number of the certificate issued. The appropriate certificate to issue with a DD Form 214 for a Soldier who has received an honorable discharge, is a DD Form 256A (Honorable Discharge Certificate).
10. Army Regulation 635-200 (Enlisted Personnel), Chapter 5, Section VII, applies to the separation of enlisted personnel with less than 3 months remaining to their ETS date. The SPN 411 applies to the REFRAD of overseas returnees within the same category.
DISCUSSION AND CONCLUSIONS:
The available evidence shows he served his country honorably for 1 year,
7 months, and 5 days; and also served a successful tour of duty in Vietnam. His record is void of any derogatory, disciplinary or dishonorable actions. Therefore, in the absence of such evidence, it would be interest of justice to correct his DD Form 214 to show he received an honorable discharge. He is also entitled to be issued a DD Form 256A.
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 amending his DD Form 214 by:
a. adding the entry "HONORABLE" to item 13a;
b. adding the entry "DD Form 256A" to item 13b; and
c. issuing him a DD Form 256A for the period of service from 7 September 1967 to 11 April 1969.
_______ _ _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) AR20100023422
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ABCMR Record of Proceedings (cont) AR20100023422
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