IN THE CASE OF:
BOARD DATE: 22 May 2012
DOCKET NUMBER: AR20110022736
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:
* He served during wartime (Vietnam)
* Award of the National Defense Service Medal
2. The applicant did not make a statement.
3. The applicant provides his DD Form 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 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 Virginia Army National Guard on 12 May 1960.
3. He entered active duty for training (ADT) on 28 May 1960 and completed training and awarded military occupational specialty (MOS) 111.00 (Light Weapons Infantry). He was honorably released from ADT on 27 November 1960. His DD Form 214 for this period shows he completed 6 months of active service. No awards or decorations are listed on this form.
4. He was inducted into the Army of the United States on 15 January 1962. However, he was discharged on 29 January 1962 for the purpose of immediate enlistment in the Regular Army. His DD Form 214 for this period of service shows he completed 15 days of active service. No awards or decorations are shown on this form.
5. He enlisted in the Regular Army for 3 years on 30 January 1962. He was assigned to Fort McClellan, AL, for training in a communication MOS. He was honorably discharged from active duty on 15 March 1962 in accordance with Army Regulation 635-209 (Personnel Separations - Discharge - Inaptitude or Unsuitability). His DD Form 214 for this period of service shows he completed 1 month and 16 days of active service. No awards or decorations are listed on this form.
6. There is no indication he served in Vietnam or in any overseas location. Accordingly, none of his DD Forms 214 credited him with any foreign service.
7. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214 Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 24c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g., USAREUR [U.S. Army Europe].
8. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant served on active duty from 28 May to 27 November 1960, 15 to 29 January 1962, and 30 January to 15 March 1962. None of his service was in Vietnam or in any other foreign location. Accordingly, he did not receive credit for any foreign service.
2. The DD Form 214 contains a specific block for overseas/foreign service. However, there is no provision to make an entry on the DD Form 214 to indicate a member served during a period of war.
3. The National Defense Service Medal is authorized from 1 January 1961 and 14 August 1974. He served a qualifying period of service and should be entitled to this award and correction of his DD Form 214 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 for the period ending 15 March 1962 the National Defense Service Medal.
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 adding an entry to his DD Form 214 to show he served during a wartime period.
_______ _ 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) AR20110022736
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ABCMR Record of Proceedings (cont) AR20110022736
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