IN THE CASE OF:
BOARD DATE: 22 December 2011
DOCKET NUMBER: AR20110012766
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, in effect, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he served 17 months of active duty.
2. The applicant states:
* His statement of service does not reflect his 17 months of service
* He served at Fort Sill, OK for 17-19 months
* He was originally scheduled to go to Vietnam but he was kept at Fort Sill because of his accounting ability to use a 10 key adding machine
* He performed payroll duties
* He was kept on a month-to-month basis
* His DD Form 214 states he was released at the convenience of the Army
* He has Parkinson's disease
* He is trying to get Department of Veterans Affairs medical benefits
3. The applicant provides no documentary evidence.
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. The applicant enlisted in the Arkansas Army National Guard on 2 March 1966 for a period of 6 years. He was ordered to active duty on 20 June 1966 for training in military occupational specialty (MOS) 13A (field artillery basic crewman) at Fort Sill, OK for approximately 20 weeks. On 28 October 1966, he was released from active duty and transferred to the Army National Guard to complete his remaining service obligation.
3. His DD Form 214 shows in:
* Item 11c (Reason and Authority) the entry "AR [Army Regulation] 635-200 SPN [Separation Program Number] 764 [Release of enlisted personnel upon completion of MOS training] Convenience of the Government"
* Item11d (Effective Date) the entry "28 Oct 66" [28 October 1966]
* Item 19c (Date of Entry) the entry "20 Jun 66" [20 June 1966]
* Item 24a(1) (Net Service This Period) the entry "0 4 9" [4 months and
9 days]
* Item 24a(2) (Other Service) the entry "0 3 18" [3 months and 18 days]
* Item 24a(3) (Total) the entry "0 7 27" [7 months and 27 days]
* Item 25a (Specialty Number and Title) shows the entry "13A10 FA [Field Artillery] Basic"
4. There is no evidence which shows the applicant served on active duty at Fort Sill, OK for more than 4 months and 9 days.
DISCUSSION AND CONCLUSIONS:
1. He contends he served at Fort Sill, OK for 17-19 months.
2. Evidence of record shows he was ordered to active duty from the Army National Guard for MOS training at Fort Sill, OK on 20 June 1966 for approximately 20 weeks. He was released from active duty on 28 October 1966 after completing 4 months and 9 days, which is properly shown on his DD Form 214.
3. There is no evidence of record and he provided no evidence which shows he served at Fort Sill, OK for 17-19 months. Therefore, there is insufficient evidence on which to amend his DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20110012766
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110012766
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011243
Application for correction of military records (with supporting documents provided, if any). The applicant requests his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show his foreign service in the Republic of Vietnam and award of the Purple Heart. There is no evidence of record and he did not provide any substantive evidence that shows he was wounded or treated for wounds as a result of hostile action.
ARMY | BCMR | CY2009 | 20090004894
The applicant states, in effect, that he served more than 1 year of service, not 5 months and 9 days. Items 24a(1), 24a(3), and 24(b) of his DD Form 214 show he completed 5 months and 9 days. DISCUSSION AND CONCLUSIONS: Evidence of record shows the applicant's total service extended from 1 September 1965 to 17 August 1966 for a period of 11 months and 17 days.
ARMY | BCMR | CY2011 | 20110009711
The applicant requests, in effect, correction of his records to show he was awarded a translator/interpreter identifier. _______ _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) AR20110009711 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110009711 2 ARMY BOARD FOR...
ARMY | BCMR | CY2010 | 20100028814
He states he received it following his physical disability retirement and after receipt of his DD Form 214. He was awarded an Army Commendation Medal which was not approved until after he had retired. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * deleting the Army Commendation Medal with "V" Device from his DD Form 214 * adding the Army Commendation Medal with "V" Device and 1st Oak Leaf Cluster and Sharpshooter...
ARMY | BCMR | CY2013 | 20130014518
Item 31 (Foreign Service) he served in Vietnam from 22 February to 2 April 1968. c. Item 38 (Record of Assignments) he was assigned to Battery C, 2nd Battalion, 321st Artillery in Vietnam from 23 February to 2 April 1968. d. Item 41 entries for award of the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Army Good Conduct Medal (1st Award) (General Orders 33, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ), and Expert...
ARMY | BCMR | CY2012 | 20120020721
On 8 January 1991, he was issued a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) that amended his DD Form 214 as follows: * deleted from item 26 the Vietnam Service Medal and added the Vietnam Service Medal with one bronze service star, Army Good Conduct Medal, National Defense Service Medal, Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Air Medal with Numeral 2 * added to item 28, the entry 54th Transportation Company,...
ARMY | BCMR | CY2013 | 20130014825
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * His service in Vietnam from May to July 1967 * His assignment as a Howitzer Assistant Gunner to the 6th Cavalry Regiment in Chu Lai * His Vietnam ribbons 2. The evidence of record shows, subsequent to completing training, the applicant served at Fort Meade, MD and then Fort Sill, OK, as permanent duty stations. There is no evidence in his service records and...
ARMY | BCMR | CY2015 | 20150006905
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge) and his NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) to reflect his character of service as honorable in lieu of uncharacterized. The applicant provides: * emergency care and treatment record, Reynolds Army Community Hospital, Fort Sill, OK, dated 28 May 2008 * DD Form 214 * NGB Form 22 * New York Army National Guard Orders 239-1015, dated 26 August 2008 *...
ARMY | BCMR | CY2009 | 20090008414
The applicant requests that his DD Form 214 (Report of Separation from Active Duty) be corrected to show his characterization of service. Based on the evidence of record and the regulatory guidance, in effect at the time of the applicant's relief from ADT, he is entitled to have his record corrected to show his period of active service from 24 June to 23 October 1975 as an honorable characterization. In addition, the applicant's separation document lacks the required entries to accurately...
ARMY | BCMR | CY2014 | 20140008672
Application for correction of military records (with supporting documents provided, if any). (2) Table 2-2 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Korea from 1 October 1966 to 30 June 1974. d. The Korea Defense Service Medal (KDSM) is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the ROK. As a result, the Board recommends that all Department of the Army...