IN THE CASE OF:	  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130014160 


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 items 9d (Effective Date) and 16 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states:

* the dates of entry and discharge are incorrect due to the fact that he served for 2 years from May 1972 to June 1974
* he served on active duty for a period of 2 years, yet his DD Form 214 shows his active duty time as 19 days
* he was awarded the National Defense Service Medal (NDSM) during this enlistment, which is a questionable award for such a short tour of duty
* he worked in the area of supply where he completed both basic and military occupational specialty training at Fort Jackson, SC
* he needs his records corrected for medical benefits for an illness he acquired while serving on active duty
* he wants his pay records during his active duty period used as a means of verifying his active duty service
 
3.  The applicant provides no additional evidence.

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's DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 10 May 1974, shows he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years under the Delayed Entry Program.  This contract shows the entry "NONE" for prior service.

3.  His DD Form 4, dated 29 May 1974, shows he enlisted in the Regular Army for a period of 3 years.  This contract shows he had prior service in the USAR, but no prior active Federal service.

4.  On 11 June 1974 during his first week in basic combat training, discharge proceedings were initiated against him under the provisions of Department of the Army message, dated 1 August 1973, subject:  Evaluation and Discharge of Enlistees Before 180 Active Duty Days.

5.  On 11 June 1974, he stated, "I hereby acknowledge notification of my proposed Honorable Discharge from the United States Army.  I understand that due to non-completion of requisite active duty time, VA [Veterans Administration] and other benefits normally associated with completion of honorable active duty service will be affected."

6.  On 11 June 1974, the separation authority approved the recommendation for discharge.

7.  On 14 June 1974, he was honorably discharged.

8.  His DD Form 214 shows he was authorized award of the National Defense Service Medal.  His DD Form 214 also shows in:

* item 9d – 14 June 1974
* item 16 – 29 May 1974
* item 18a (Net Active Service This Period) – 16 days

9.  There is no evidence which shows he served on active duty during the period May 1972 to June 1974.

10.  His pay records are not available.

11.  Department of the Army message, dated 1 August 1973 (Trainee Discharge Program), provided the authority for the discharge of enlistees before 180 days of active duty and remained in effect through the publication of an interim change  to Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) in December 1975.  It allowed for the discharge of Regular Army enlistees prior to completion of training based on their inability to adapt; failure to meet training standards; failure to meet moral, mental, or physical standards; and possess a character and behavior disorder not compatible with continued service.  Members separated under these provisions received an honorable discharge.

12.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his entry and discharge dates are incorrect on his DD Form 214 because he served on active duty from May 1972 to June 1974.  However, there is no evidence of record and he provides no evidence to support this contention.

2.  The evidence shows he enlisted in the Regular Army on 29 May 1974 which is properly reflected in item 16 of his DD Form 214.

3.  The evidence shows he was discharged on 16 June 1974 which is properly shown in item 9d of his DD Form 214.

4.  Based on the foregoing, there is insufficient evidence on which to base amending items 9d or 16 of his DD Form 214.

5.  His contention that he was awarded the NDSM during his enlistment which he further contends is a questionable award for such a short tour of duty was noted.  However, the NDSM is awarded for honorable active service for any period between 1 January 1961 and 14 August 1974.  Since he served on active duty for 16 days during the period 29 May 1974 to 14 June 1974, he was awarded the NDSM.

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 for correction of the records of the individual concerned.



      _______ _  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)                                         AR20130014160



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ABCMR Record of Proceedings (cont)                                         AR20130014160



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