DOCKET NUMBER:  AR20120022332 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 November 1965 to show his subsequent U.S. Army Reserve (USAR) service and awards.

2.  The applicant states he retired on 29 August 1997 and his DD Form 214 has never been updated with years of service and decorations he is eligible for.

3.  The applicant provides his DD Form 214 and USAR Honorable Discharge Certificate, dated 29 August 1997.

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 initially enlisted in the Regular Army on 19 November 1962 for a period of 3 years.  He held military occupational specialty (MOS) 16B (Hercules Missile Crewman).  He served in Germany from 13 December 1963 to
29 October 1965 and he was credited with an overseas tour.

3.  On 11 November 1965, he was honorably released from active duty as an overseas returnee and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 11 months, and 23 days of total active service.  The DD Form 214 he was issued shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Missile Bar

4.  He enlisted in the California Army National Guard (CAARNG) on 14 March 1970 and he held MOS 11E (Armor Crewmember).  He was honorably separated from the CAARNG on 13 March 1971 at the expiration of his term of enlistment.

5.  On 25 April 1974, he enlisted in the USAR.  He served through two reenlistments and he was honorably discharged from the USAR on 11 March 1983.

6.  He again enlisted in the USAR on 12 June 1987.  He served through multiple reenlistments in the USAR and he attained the rank/grade of staff sergeant (SSG)/E-6.  

7.  On 17 August 1995, he was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

8.  He provides an Honorable Discharge Certificate that shows he was transferred to the Retired Reserve on 29 August 1997.

9.  He was ultimately retired and placed on the Retired List in his retired grade of SSG on 4 November 2005, his 60th birthday.

10.  On 4 December 2012, he was issued a DD Form 215 (Correction to
DD Form 214) that corrected his 1965 DD Form 214 to show the additional awards of the:
* 
National Defense Service Medal
* Army Good Conduct Medal
* Army Reserve Components Achievement Medal with 1st oak leaf cluster
* Expert Marksmanship Qualification Badge with Automatic Rifle, Machinegun, Carbine, and Pistol Bars

11.  There is no indication he performed any periods of active duty between the date he was released from active duty on 11 November 1965 and the date he was transferred to the Retired Reserve on 29 August 1997 that would have warranted the issuance of a subsequent DD Form 214.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty (emphasis added).  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  

13.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the U.S. Alternate Training Program or USAR Split Training Program.

14.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before
1 August 1981 provided they had an Active Army status on or after 1 August 1981.

DISCUSSION AND CONCLUSIONS:

1.  The available record shows the applicant served in the Regular Army (on active duty) from 19 November 1962 to 11 November 1965.  He completed
2 years, 11 months, and 23 days of total active service.  He was issued a
DD Form 214 that captured this period of active duty service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.

2.  He served in an inactive service status in the CAARNG from 14 March 1970 to 13 March 1971 and in the USAR from 25 April 1974 to 11 March 1983.  He again served in the USAR from 12 June 1987 to 29 August 1997.

3.  Aside from his active service from 1962 to 1965 for which a DD Form 214 was issued there is no evidence he performed any other active service of at least 90 consecutive days that would have qualified him for the issuance of a DD Form 214.  Therefore, there is no basis for granting this portion of the applicant's requested relief.

4.  The evidence of record shows he served in Germany from 13 December 1963 to 29 October 1965 and he was credited with an overseas tour.  Although the award of the Overseas Service Ribbon was created long after his release from active duty in 1965, this award may be authorized to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  The applicant was in an active status as a member of the USAR after 1981.  Therefore, he is entitled to award of the Overseas Service Ribbon and correction of his records to show it.

5.  It is noted that the Army Reserve Components Achievement Medal with 1st oak leaf cluster was added to his DD Form 214.  However, since he did not earn that award until after his release from active duty it should not have been added to 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 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 the Overseas Service Ribbon.

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 his U.S. Army Reserve and Army National Guard service to his DD Form 214 for the period ending 11 November 1965.



      _______ _ 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)                                         AR20120022332



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ABCMR Record of Proceedings (cont)                                         AR20120022332



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