BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110008428 


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 item 13a (Character of Service) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show "Honorable" service.

2.  The applicant states item 13a of his DD Form 214 contains no entry and it should be completed to show honorable service.  He further states he is unable to gain access to Department of Veterans Affairs benefits because item 13a is blank.

3.  The applicant provides:

* DD Form 214
* DA Form 20 (Enlisted Qualification Record)
* Letter Orders Number 09-1380523

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 was inducted into the Army of the United States on 17 October 1966.  His records show he completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  The applicant’s records contain the following documents:

   a.  DA Form 20, Item 38 (Record of Assignments), showing he had “excellent” conduct and efficiency throughout his period of service.
   
   b.  Special Orders Number 250, issued by Headquarters, U.S. Army Training Center, Infantry and Fort Polk, LA, dated 3 October 1968, releasing him from active duty (REFRAD) and transferred him to the U.S. Army Reserve (USAR) Control Group (Annual Training), effective 16 October 1968.

	c.  DD Form 214, dated 16 October 1968, releasing him from active duty and transferring him to the USAR Control Group (Annual Training) to complete his remaining 4 year service obligation.

   d.  Letter Order Number 09-1380523, issued by Department of the Army, Office of the Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, dated 20 September 1972, honorably discharging him from the USAR Control Group (Standby), effective 16 October 1972. 

4.  There is no entry in Item 13a of the applicant’s DD Form 214 ending on
16 October 1968.  Item 15 (Reenlistment Code) contains the entry “RE-1.”

5.  The applicant’s record is void of any documentation from his commander indicating his service would be characterized as general, under honorable conditions.  

6.  Army Regulation 635-200 (Personnel Separations) contains the Army’s enlisted separation policy.  Paragraph 1-9 contained guidance on characterizing a member’s service.  It stated, in pertinent part, that a member’s service would be characterized as honorable if the individual had conduct ratings of at least “good,” had efficiency ratings of at least “fair,” and had not been convicted by a general court-martial or by more than one special court-martial.  
7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for item 13a contained in the version of the regulation in effect at the time of the applicant’s REFRAD stated to enter one of the following:  “Honorable,” ”Under Honorable Conditions,” “Under Conditions Other Than Honorable,” or “Dishonorable.”  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct item 13a of his DD Form 214 ending on
16 October 1968 to show his character of service as “Honorable” has been carefully considered and found to have merit.

2.  The evidence of record is void of any indication that a determination was made by the appropriate authority that the applicant’s service would be characterized as anything other than fully honorable.  

3.  Further, his record confirms he met all the requirements necessary to receive an “Honorable” characterization of service at the time of his REFRAD, as evidenced by the conduct and efficiency ratings in item 38 of his DA Form 20 and absent any court-martial convictions during his active duty tenure. 

4.  In view of the facts of this case, it appears clear that the blank entry in item 13a of his DD Form 214 was the result of an administrative error made during the applicant’s separation processing.  Therefore, it would be appropriate to amend his DD Form 214 by entering in item 13a the entry “Honorable.”

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 entering in item 13a the entry “Honorable” and providing him a document to show this correction.




      _______ _  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)                                         AR20110008428



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ABCMR Record of Proceedings (cont)                                         AR20110008428



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