IN THE CASE OF:	  

		BOARD DATE:  13 December 2012

		DOCKET NUMBER:  AR20120007345 


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, consolidation of all of his DD Forms 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states, in effect, his DD Form 214 dated 31 August 1989 is missing the following information:

* Date Entered on Active Duty 
* Awards and Decorations
* Overseas Service

3.  The applicant provides:

* Three DA Forms 1341 (Allotment Authorization)
* U.S. Government Bill of Lading
* DA Form 2496 (Disposition Form)
* Department of the Army Certificate of Training, dated 29 January 1977
* Two Honorable Discharge Certificates, dated 25 October 1962 and 28 December 1965
* Assignment of Personnel Paperwork
* Special Orders Number 23 (Assignment Orders), dated 26 January 1966
* Special Orders Number 228 (Discharge Orders), 27 October 1969
* Special Orders Number 96 (Reassignment Orders), dated 17 May 1967
* DA Form 1049 (Personnel Action)
* Special Orders Number 39 (Military Occupational Specialty (MOS) Award, dated 21 February 1963
* Special Orders Number 165 (Assignment Orders), dated 22 August 1962
* Certificate of Military Service, dated 15 April 2003
* DD Form 214, dated 28 December 1965
* DD Form 214, dated 25 October 1962

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 on 21 August 1962.  After completing 2 months and 5 days of net service this period, he was honorably discharged on 25 October 1962 for the purpose of immediate enlistment.  He was issued a DD Form 214 for this period of service which shows the following:

* Item 16 (Date Inducted) – 21 August 1962
* Item 24c (Foreign and/or Sea Service) – 0 years, 0 months, 0 days
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – None

3.  The applicant enlisted in the Regular Army on 26 October 1962.  He arrived in Germany on 5 March 1963.  After completing 3 years, 2 months, and 3 days of net service this period, he was honorably discharged on 28 December 1965 for the purpose of immediate reenlistment.  He was issued a DD Form 214 for this period of service which shows the following:

* Item 19c (Date of Entry) – 26 October 1962
* Item 24c – 2 years, 9 months, and 24 days
* Item 26 – None

4.  The applicant's Army Military Human Resource Record (AMHRR) shows he had no breaks in service.  However, his AMHRR does not contain a DD Form 214 for the period 29 December 1965 through 13 July 1978.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was honorably discharged on 9 October 1972 and he reenlisted in the Army on         10 October 1972.

6.  The available records show the applicant reenlisted in the Army on 14 July 1978.  His DA Form 2-1 shows he arrived in Korea on 29 May 1979.  He departed Korea on 21 May 1980.  He returned to Korea on 20 August 1984 and he departed on 16 August 1985.

7.  The applicant retired for length of service on 31 August 1989.  He was issued a DD Form 214 for this period of service which shows the following:

* 12a (Date Entered Active Duty This Period) – 14 July 1978
* 12f (Foreign Service) – 1 year, 11 months, and 20 days

8.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 dated 31 August 1989 shows the following awards:

* Armed Forces Expeditionary Medal
* Army Commendation Medal
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 4
* Noncommissioned Officers Professional Development Ribbon with Numeral 3
* Aircraft Crewman Badge
* Army Good Conduct Medal (8th Award)

9.  On 15 April 2003, the applicant was issued a Certificate of Military Service which certifies that he was a member of the Regular Army from 21 August 1962 to 13 July 1978.

10.  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 establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for preparing the DD Form 214 state:

	a.  The information contained on the DD Form 214 will apply only to the period of service covered by the DD Form 214.

	b.  Item 12a will be the date the member actually entered on active duty.  

	c.  Item 12f will contain only the overseas service completed during the period covered by the DD Form 214.  

	d.  Item 13 will contain all authorized awards, as contained in the Army's awards regulation, for all periods of service.  

	e.  Chapter 2-7 (Issuing and Reissuing of DD Form 214) states when a 
DD Form 214 is administratively issued or reissued, enter that fact and the date of such action on the DD Form 214 in item 18 (Remarks), unless the appellate authority, executive order, or Secretarial directive specifies otherwise.  Do not issue DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record.  

11.  Army Regulation 600-8-22 (Military Awards) states the Korea Defense Service Medal 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 Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.  

12.  A DA Form 2-1 provides a record of individual personnel management qualifications such as grade, skills, physical limitations, and assignment history and is used primarily by personnel managers at unit level to support the Army’s personnel life-cycle function of sustainment.  His DA Form 2-1 shows he qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 
19 October 1983.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  There are no provisions for consolidating his DD Forms 214.  His records show he was issued a DD Form 214 to reflect three periods of his service.  He was also issued a Certificate of Service to show his period of service for which no DD Form(s) 214 is/was available.

3.  The applicant was issued a DD Form 214, dated 25 October 1962, which shows he was initially inducted into the Army on 21 August 1962.  Item 12f on his DD Form 214, dated 31 August 1989, shows he had 1 year, 11 months, and 20 days of foreign service during the period covered by the DD Form 214.  Therefore, these portions of his request should be denied.

4.  The applicant is authorized the Korea Defense Service Medal based on his service in Korea from 29 May 1979 through 21 May 1980 and 20 August 1984 through 18 August 1985.  His DD Form 214, dated 31 August 1989, should be corrected to add this award.

5.  He also qualified for the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) which should be shown on his last DD Form 214.

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 amending item 13 on his DD Form 214, dated 31 August 1989, to add the Korea Defense Service Medal and the Expert Marksmanship Qualification Badge with Rifle Bar (M-16).

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 consolidating information from previously-issued DD Forms 214 to his DD Form 214, dated 31 August 1989, changing the date he entered active duty, or adding additional foreign service.  




      _______ _  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)                                         AR20120007345





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ABCMR Record of Proceedings (cont)                                         AR20120007345



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