IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110023890
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he completed 10 months of active duty service; that he served in the Republic of Vietnam (RVN) for 1 month; by adding awards and medals he is entitled to; and by changing his last name.
2. The applicant states his 1 month of service in the RVN and the awards he earned for this service are not reflected on his DD Form 214. He further states his DD Form 214 should document all 10 months he served and to reflect the change in his last name he had done subsequent to service.
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 Regular Army on 22 December 1972. The record shows he completed basic combat training at Fort Knox, Kentucky on 7 March 1973, and advanced individual training (AIT) at Fort Campbell, Kentucky on 8 June 1973. Upon completion of AIT, he awarded military occupational specialty (MOS) 11B ( Light Weapons Infantryman).
3. The applicants DA Form 20 (Enlisted Qualification Record) lists no RVN service in item 31 (Foreign Service) and item 38 (Record of Assignments) fails to show he was assigned to an organization in the RVN at anytime during his active duty tenure. Item 41 (Awards and Decorations) shows that during his active duty tenure he earned the National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar.
4. The applicants enlistment documents, DA Form 20 and all documents and orders in his Military Personnel Records Jacket (MPRJ) all list the last name he would now like changed.
5. On 9 July 1973, the applicant departed absent without leave from his unit at Fort Campbell, Kentucky. On 9 August 1973, he was dropped from the rolls of the organization. He remained AWOL for 79 days until returning to military control on 25 September 1973.
6. On 17 October 1973, the applicant was discharged under the provisions of chapter 10, Army Regulation 635-200, in lieu of trial by court-martial and received a general, under honorable conditions discharge. The DD Form 214 he was issued at the time shows he completed 7 months and 9 days of creditable active duty service and accrued 79 days of time lost due to AWOL. It also shows he completed no overseas service in item 22c (Foreign and/or Sea Service), and that he earned the NDSM and Marksman Marksmanship Qualification Badge during his active duty tenure. The DD Form 214 lists the same last name recorded in his enlistment documents and on his DA Form 20.
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 version
of Army Regulation 635-5 in effect at the time of the applicants discharge stipulated that the DA Form 20 and documents and orders in the MPRJ were the source records for DD Form 214 entries. The DD Form 214 preparation stated to enter the total active duty service completed between the date of entry and separation date minus any time lost. It also stated to enter all foreign service completed and all awards earned during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his DD Form 214 to show 10 months of active duty service, 1 month of RVN service, awards earned in the RVN, and to show his last name as he changed it subsequent to discharge has been carefully considered.
2. The evidence of record confirms the applicant completed 7 months and
9 days of creditable active duty service which equals his total active duty service between the date of entry and separation date minus the 79 days of lost time he accrued due to AWOL. His record is also void of any indication that he completed any service in the RVN or that he earned any awards in addition to those already listed on his DD Form 214. Finally, the record shows the applicant entered, served and was separated under the last name listed on his DD Form 214. As a result, there is an insufficient evidentiary basis to support granting any of the requested relief.
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) AR20110023890
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ABCMR Record of Proceedings (cont) AR20110023890
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