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ARMY | BCMR | CY2013 | 20130006329
Original file (20130006329.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130006329


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 reconsideration of his previous request for correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his active duty for training for deployment to Vietnam.

2.  The applicant states the denial memorandum stated there was no evidence he was ever stationed at Camp Pickett, VA, for training for eventual deployment to Vietnam.  He states he is now submitting a copy of a document from his official military service file and two letters that show he was stationed at Camp Pickett.

3.  The applicant provides his DA Form 20 (Enlisted Qualification Record) and signed statements from his former company commander and first sergeant (1SG).

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120011039, dated 8 January 2013.

2.  The applicant provides his DA Form 20 and signed statements from his former company commander and 1SG which constitute new evidence not previously considered by the Board.  Therefore, this new evidence will now be considered.

3.  On 19 May 1957, the applicant enlisted in the U.S. Army Reserve (USAR).

4.  On 11 August 1957, he was ordered to active duty for training.

5.  On 10 February 1958, he was honorably released from active duty at the conclusion of 6 months of active service and returned to the control of the USAR.

6.  On 19 May 1963, he was honorably discharged from the USAR.

7.  His records contain two additional Honorable Discharge Certificates, dated 30 April 1966 and 30 November 1969, indicating he continued his service in the USAR after his initial discharge on 19 May 1963.

8.  Item 38 (Record of Assignments) of his DA Form 20 shows he entered active duty at Camp Pickett, VA, on or about 31 May 1966, where he performed 18 days of active duty for training.  No other documents or entries in his available records corroborate this entry.

9.  He provides signed statements from his former company commander and 1SG who each attest to his being assigned to the 810th Supply Company during the period 1965 through December 1968.  Neither of these statements references any active duty he performed at Camp Pickett or elsewhere.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

11.  The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for selected categories of military personnel, including Reserve Component Soldiers completing 90 days or more of continuous active duty for training, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his active duty for training for deployment to Vietnam.

2.  His records indicate he served at Camp Pickett, VA, for 18 days of active duty for training beginning on or about 31 May 1966.  There is no indication his period of active duty was extended to 90 or more continuous days in duration which would have required the issuance of a DD Form 214.

3.  The evidence of record shows he entered active duty on 11 August 1957 and he was honorably released from active duty on 10 February 1958.  He was issued a DD Form 214 for this period of active duty service.  He subsequently served in the USAR between 11 February 1958 and 30 November 1969.

4.  The DD Form 214 is meant to provide a brief, clear-cut record of active duty service at the time of release from active duty.  The 18-day period of active duty for training beginning on or about 31 May 1966 occurred outside the period covered by his DD Form 214 for the period ending 10 February 1958; therefore, it is not authorized for entry on his DD Form 214.  And again, since he was on active duty for less than 90 days, that 18-day period in 1966 would not have qualified for a DD Form 214 by itself.

5.  In view of the foregoing, there is an insufficient basis for granting the requested relief.

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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20120011039, dated 8 January 2013.



      _______ _  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)                                         AR20100015589



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ABCMR Record of Proceedings (cont)                                         AR20130006329



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