IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120006699
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 was discharged from the Special Forces instead of the Regular Army (RA).
2. The applicant states he was not in the RA; he was a green beret in the Special Forces.
3. The applicant provides his DD Form 214 and an Honorable Discharge Certificate.
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's records show he was inducted into the Army of the United States on 25 April 1968. However, he was discharged on 1 May 1968 for the purpose of immediate enlistment in the Regular Army.
3. He enlisted in the Regular Army for 3 years on 2 May 1968. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 05C (Radio Teletype Operator).
4. He also completed the Basic Airborne Course at Fort Benning, GA, as well as Phase I of Special Forces training and Special Forces Communications training, at Fort Bragg, NC. He was awarded MOS 05C4S (the "S" is the special qualification identifier for Special Forces).
5. He served in Vietnam from 19 September 1969 to 20 May 1970. He was assigned to Company B, 5th Special Forces Group (Airborne), 1st Special Forces.
6. He was honorably released from active duty on 21 December 1970. His
DD Form 214 shows in:
* Item 2 (Service Number) - the entry "RA" which indicates "Regular Army" and his Service Number
* Item 12 (Last Duty Assignment and Major Command) - the entry "Company B, 5th Special Forces Group (Airborne), 1st Special Forces, U.S. Army Vietnam"
* Item 23a (Specialty Number and Title) - the entry "05C4S Radio Teletype Operator"
7. He was also issued an Honorable Discharge Certificate that shows he was honorably discharged from the RA on 21 December 1970.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 in effect at the time contained guidance for the preparation of the DD Form 214. It stated for:
* Item 2 enter the individual's service number and the authorized prefix
* Item 12 enter the last duty assignment and the major command
* Item 23a enter the primary MOS title and code
9. The authorized prefix refers to the component of the member, for enlisted personnel, aside from Army of the United States "AUS" which is used for inductees; enter "RA" for RA; "USAR" for U.S. Army Reserve; and "ARNGUS" for Army National Guard of the United States for members of the Army National Guard (ARNG).
10. Discharge Certificates are prepared using entries from information contained on the DD Form 214. For enlisted personnel, the certificate will contain the component.
DISCUSSION AND CONCLUSIONS:
1. Enlisted Soldiers, other than those inducted into the Army of the United States, enlist in the RA, USAR, and/or ARNG. Upon separation, discharge, or retirement, the DD Form 214 and the discharge certificate list the Soldier's component.
2. The applicant enlisted in the RA on 2 May 1968 and he was honorably released from active duty on 21 December 1970. His component is properly shown on his DD Form 214 and Honorable Discharge Certificate as "RA."
3. His record of assignment to a training or an operational Special Forces unit is not listed on the DD Form 214 unless his last unit of assignment at the time the DD Form 214 is submitted is a Special Forces unit, as is the case here.
4. His DD Form 214 is properly annotated with the component, last unit of assignment, as well as the MOS he held. As such, there is no reason to change it.
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) AR20120006699
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ABCMR Record of Proceedings (cont) AR20120006699
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