BOARD DATE:	    11 July 2013

		DOCKET NUMBER:  AR20120017057


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 numerous corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty):

	a.  Correct item 6 (Place of Entry into Active Duty) to show he entered active duty at Jonesboro, AR.

	b.  Correct item 11 (Primary Specialty Number, Title and Years and Months in Specialty (Additional specialty numbers and titles involving periods of one or more years)) to show he held the following primary and additional specialties:

* 1203, Armor Officer, 2 years
* 41A, Personnel Management Officer, 5 years
* 42A, Personnel Administration Officer, 15 years

	c.  Correct item 12f (Record of Service – Foreign Service) to show he completed 5 years, 11 months, and 22 days of foreign service.

	d.  Correct item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) to add the Defense Meritorious Service Medal and to list his awards by order of precedence as follows:

* Legion of Merit
* Bronze Star Medal
* 
Defense Meritorious Service Medal
* Meritorious Service Medal (1st Oak Leaf Cluster)
* National Defense Service Medal
* Vietnam Service Medal with 1 silver service star and 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* 3 overseas service bars

	e.  Correct item 14 (Military Education) to remove the entries pertaining to civilian education, and to list his completed military education:

* Armor Officer Orientation Course, 18 weeks, 1961
* Supervisor and Group Performance Course, 1 week, 1966
* Industrial College of the Armed Forces – Management in DOD Course (Ext), 1969
* Adjutant General (AG) Officer Advanced Course, 26 weeks, 1970
* Personnel Management for Executives Course, 64 hours, 1973
* U.S. Army Command and General Staff College, 52 weeks, 1976

	f.  Correct item 18 (Remarks) to delete the entry "Nothing Follows" and to list his completed civilian education courses:

* Bachelor of Science, Print Management, Arkansas State University, 1961
* Master of Arts, Public Administration, Central Michigan University, 1978

2.  The applicant states his DD Form 214 is in error due to inattention on the part of the Soldier who prepared it, and on his part for not carefully reviewing it.  Based on the number of requested corrections, he contends a new DD Form 214 should be issued.  If necessary, he is willing to go to the nearest installation authorized to produce a new DD Form 214.

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 enrolled in the Reserve Officers' Training Corps (ROTC) commissioning program at Arkansas State College in Jonesboro, AR.

3.  On an unknown date during his final year at Arkansas State College, he submitted a DA Form 61 (Application for Appointment) wherein he requested appointment as a commissioned officer in the Regular Army.  Item 11 (Permanent Address) of this form identifies his permanent address as Senath, MO.

4.  On 31 May 1961, after completing the ROTC commissioning program, he was designated a Distinguished Military Graduate, executed an oath of office, and he was appointed as a second lieutenant (2LT) in the Adjutant General's (AG) Corps of the Regular Army.  He entered active duty on this same date.

5.  His record shows he was assigned to the 4th Medium Tank Battalion,
68th Armor Regiment, during the period 31 May 1961 through 31 May 1963.

* he served as a platoon leader in duty specialty 1203 (Tank Unit Commander) from 31 May 1961 through
11 August 1961
* he attended and completed the Armor Officer Orientation Course from
6 August 1961 through 11 October 1961
* he served as a platoon leader in specialty 1203 from 14 October 1961 through 7 August 1962
* he served as an Assistant Personnel Officer in specialty 2200 (Personnel Officer) from 8 August 1962 through 30 October 1962
* he served as a Personnel Officer in specialty 2200 from 31 October 1962 through 31 March 1963
* he served as a Personnel Officer in specialty 2200 from 1 April 1963 through 31 May 1963
* Despite obtaining qualification as an Armor officer, his record shows he remained an AG officer detailed to the Armor branch

6.  Special Orders Number 21, issued by Headquarters, Department of the Army (HQDA), dated 28 January 1963, relieved him from his detail effective 30 May 1963.

7.  On 6 January 1977, after service in numerous assignments of increased responsibility, in stateside, overseas, and combat locations, he was promoted to lieutenant colonel (LTC).

8.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  Item 5 (Oversea Service) he served a total of 5 years, 9 months, and
12 days in the following overseas locations:

* Federal Republic of Germany from 13 January 1962 through
21 December 1964, a period of 2 years, 11 months, and 9 days
* Republic of Vietnam from 26 August 1966 through 12 August 1967, a period of 11 months and 17 days
* Republic of Vietnam from 19 April 1971 through 12 March  1972, a period of 10 months and 24 days
* Republic of Korea from 29 May 1979 through 20 May 1980, a period of 11 months and 22 days

	b.  Item 9 (Awards, Decorations & Campaigns) no entry for award of the Defense Meritorious Service Medal.

	c.  Item 25 (Home of Record (HOR)/Address) he listed his HOR as Senath, MO.

9.  On 31 May 1981, he was retired from the Army by reason of required service for retirement and on 1 June 1981, he was placed on the Retired List in the rank of LTC.  The DD Form 214 he was issued at the time shows in:

	a.  Item 6 shows he entered active duty at "Senath, MO."

	b.  Item 11 the entries "41A, Personnel Management Officer,
13 years," and "42A, Personnel Administration Officer, 18 years and 4 months."

	c.  Item 12f he was credited with completing 5 years, 9 months, and 12 days of foreign service.

	d.  Item 13 he was awarded or authorized the following in the order shown on his DD Form 214:

* National Defense Service Medal
* Vietnam Service Medal with 1 silver service and 1 bronze service star
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
(2nd Award)
* Army Commendation Medal (2nd oak leaf cluster)
* Bronze Star Medal
* Legion of Merit
* Meritorious Service Medal
* 3 overseas service bars
* Sharpshooter Marksmanship Qualification Badge with Pistol Bar
(.45 Caliber)
* Meritorious Service Medal (1st oak leaf cluster)

	e.  Item 14 he completed the following military and civilian education:

* Bachelor of Science, Printing Management, Arkansas University, 1961
* Armor Officer Orientation Course, 8 weeks, 1961
* Supervisor and Group Performance Course, 1 week, 1966
* Industrial College of the Armed Forces – Management in DOD Course (Ext), 1969
* AG Officer Advanced Course, 26 weeks, 1970
* Personnel Management for Executives, 64 hours, 1973
* U.S. Army Command and General Staff College, 38 weeks, 1976
* Master of Arts, Public Relations, Central Michigan University, 1978

	f.  Item 18 the entry "Nothing follows."

10.  His record does not contain any documentation and he has not provided any documentation to substantiate his contention that he was awarded or authorized the Defense Meritorious Service Medal.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Defense Meritorious Service Medal was established by Executive Order 12019,
3 November 1977.  It is awarded in the name of the Secretary of Defense to members of the Armed Forces of the United States who, after 3 November 1977, distinguished themselves by noncombat meritorious achievement or service.  The prescribing directive for the Defense Meritorious Service Medal is
DOD 1348.33–M. 

12.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  The version in effect at the time of the applicant's retirement, effective 1 October 1979, stated for:

	a.  item 6, enter the city and state from which member last entered on active duty from civilian life.

	b.  item 11, enter the MOS codes, titles, years, and months for warrant officers and enlisted personnel.  For commissioned officers, enter the specialty skill identifier (SSI) (two digits and one letter), title, years, and months.

	c.  item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.

	d.  item 13, enter the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.  The regulation makes no reference to listing the awards by their order of precedence.

	e.  item 14, enter in-service training courses; title, number of weeks, year successfully completed during this period of service.  This information is to assist the member after separation in job placement and counseling; therefore, training courses for combat skills will not be listed.  

	f.  item 18, enter entries required by HQDA for which a separate item is not available on the form, and for completing entries that are too long for their respective blocks.  The regulation makes no reference to listing civilian education completed in this block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 6 of his DD Form 214 should show he entered active duty at Jonesboro, AR.  The evidence of record shows he attended Arkansas State College in Jonesboro, AR prior to his commissioning.  He was commissioned after completion of the ROTC program and his Oath of Office was completed while at Arkansas State College.  It is reasonable to conclude he entered active duty at Jonesboro, AR; therefore, it would be appropriate to correct his record to reflect this change.

2.  With respect to his branch/specialty and the number of years and months he served in each:  

	a.  He contends item 11 of his DD Form 214 should show he held the following specialties: 

* 1203, Armor Officer, 2 years
* 41A, Personnel Management Officer, 5 years
* 42A, Personnel Administration Officer, 15 years

	b.  The evidence of record shows he served as an Armor Officer from 31 May 1961 through 11 August 1961, and from 14 October 1961 through 7 August 1962.  These periods equate to 12 months and 4 days.  However, duty MOS and/or specialties are not entered on the DD Form 214.  Despite obtaining qualification as an Armor officer, his record clearly shows he remained an AG officer detailed to the Armor branch.  

	c.  Although he specifically requested correction of his DD Form 214 to show his 5 years of service in the 41A specialty and, in effect, 15 years in the
42A specialty, it has long been an unwritten policy of the Board that an applicant will not be made worse off than when they applied to the Board.  For this reason, the Board will not take any action to affect the applicant's request on this issue.  As a result, the entries pertaining to these two specialties should remain the same.

3.  He contends item 12f should show he served 5 years, 11 months, and
22 days of foreign service.  The evidence of record confirms he completed
5 years, 9 months, and 12 days of foreign service, which is currently reflected on his DD Form 214.  Therefore, there is an insufficient evidentiary basis for changing item 12f of his DD Form 214.

4.  He contends item 13 should show the medals, badges, and ribbons he was awarded or authorized, listed in order of precedence, including the Defense Meritorious Service Medal.  The evidence of record does not show he was awarded or authorized the Defense Meritorious Service Medal.  Additionally, the governing regulation at the time did not require entries in item 13 be listed by order of precedence.  Therefore, there is an insufficient evidentiary basis for correcting item 13 of his DD Form 214.

5.  He contends item 14 should show the military education he completed, and his completed civilian education should be reflected in item 18.  The governing regulation does not support this contention.  Currently, item 14 of his DD Form 214 reflects both military and civilian education he contends he completed.  The governing regulation at the time did not provide for listing civilian education completed in item 18.  Therefore, there is no basis for adding his civilian education to item 18 of his 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 the evidence presented is 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 deleting from item 6 of his DD Form 214 the current entry and replacing it with the entry "Jonesboro, AR."

2.  The Board further determined 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:

	a.  Correcting item 11 of his DD Form 214 to show the entries:  1203, Armor Officer, 2 years; 41A, Personnel Management Officer, 5 years; and 42A, Personnel Administration Officer, 15 years.

	b.  Correcting item 12f of his DD Form 214 to show he completed 5 years,
11 months, and 22 days of foreign service.

	c.  Correcting item 13 of his DD Form 214 to add the Defense Meritorious Service Medal and to list his awards by their order of precedence.

	d.  Correcting item 14 of his DD Form 214 to eliminate his completed civilian education.

	e.  Correcting item 18 of his DD Form 214 to delete the entry "Nothing follows" and by add his completed civilian education.



      __________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)                                         AR20100011932



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ABCMR Record of Proceedings (cont)                                         AR20120017057



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