IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130002550
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) for the period ending 2 November 1962 to show:
* award of the National Defense Service Medal (NDSM)
* Marksmanship Qualification Badges for the M-1 and the M-14 Rifles
* his blood type as "O" positive
2. The applicant states the above awards were omitted from his DD Form 214. He further states that the blood type on his DD Form 214 should show "O."
3. The applicant provides his DD Form 214 for the period ending 2 November 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 of the United States on 21 July 1959. On 25 September 1959, he was honorably discharged for immediate enlistment in the Regular Army on 26 September 1959.
3. Section 9 (Medals, Decorations, and Citations) of the applicant's DA Form
24 (Service Record) shows he was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14).
4. On 2 November 1962, he was honorably released from active duty after completing a total of 3 years, 1 month, and 1 day of creditable active service.
5. Item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 for the period ending 2 November 1962 shows the entry "None." Item 32 (Remarks) shows the entry "Blood Group: A."
6. Item 34 (Remarks) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the entry "Blood Type: O."
7. Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.
8. 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 and establishes standardized policy for the preparation of the DD Form 214. It states for item 32, enter blood group from the Standard Form 60 (Immunization Record) or the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. The applicant met the eligibility criteria for award of the NDSM for his period of service from 21 July 1959 through 2 November 1962. His final DD Form 214 should be amended to show award of the NDSM.
2. Evidence of record shows the applicant was awarded the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1) and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-14). His final DD Form 214 should be amended to shows these awards.
3. The applicant contends the blood group on his DD Form 214 should show blood group "O" instead of blood group "A." Item 34 of his DA Form 20 shows his blood group as "O." Therefore, his final DD Form 214 should be amended to show blood group "O."
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 2 November 1962 as follows:
a. add to item 26:
* National Defense Service Medal
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-1)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-14)
b. delete "Blood Group: A" from item 32; and
c. add to item 32 "Blood Group: O."
_______ _ 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) AR20130002550
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ABCMR Record of Proceedings (cont) AR20130002550
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