IN THE CASE OF:	  

		BOARD DATE:	  15 July 2014

		DOCKET NUMBER:  AR20130019669 


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 the Army Good Conduct Medal (AGCM) be added to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He also requests correction of the following items on his DD Form 214:

* Item 5 (Place of Birth)
* Item 7e (Height)
* Item 7f (Weight)
* Item 23 (Home of Record (HOR))
* Item 32 (Remarks)
* Item 33 (Permanent Address for Mailing Purposes After Transfer or Discharge) 

2.  The applicant states:

* his social security number (SSN) is wrong, it should be "xxx-xx-xxx6"
* he never lived in Detroit, it should be Lawrenceburg, TN
* his height should be 6'1''
* his weight should be 180 pounds
* there are too many errors
* his record may have been mixed with someone else’s records
* his HOR and permanent address is Lawrenceburg, TN
* his place of birth is Lawrence County, TN 


3.  The applicant provides:

* Birth certificate
* Social security card
* Tennessee driver license
* Medicare card
* DD Form 214

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 induction record shows:

* his HOR is an address in Lawrenceburg, TN
* his place of birth is Lawrenceburg, TN

3.  He was inducted into the Army of the United States on 27 November 1963 and trained as an armor crewman.

4.  His DA Form 41 (Record of Emergency) shows his SSN as "xxx-xx-xxx6."  

5.  On 22 September 1965, he underwent a separation physical examination.  Item 51 (Height) of his Standard Form (SF) 88 (Report of Medical Examination) shows he was 72 1/2 inches (approximately 6'1").  Item 52 (Weight) of this form shows he weighed 182 pounds.   

6.  He was honorably released from active duty on 23 November 1965 in the temporary rank of specialist four after completing 1 year, 11 months, and 27 days of creditable active service with no time lost.



7.  His DD Form 214 shows in:

* Item 5 - Detroit Michigan
* Item 7e - 5'5''
* Item 7f - 147
* Item 23  an address in Detroit, Michigan
* Item 32 his SSN as "xxx-xx-xxx2"
* Item 33 the entry "Same as #23"

8.  There is no evidence the applicant received the first award of the AGCM.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being awarded the AGCM.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record) shows he received all "excellent" conduct and efficiency ratings throughout his service.

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-martial.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated to use present height and weight in items 7e and 7f.  If the individual was not present, height and weight would be shown as indicated in records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was honorably released from active duty in the temporary rank of specialist four with nearly 2 years of total active service and no lost time.  He received all "excellent" conduct and efficiency ratings throughout his service and he had no record of any disciplinary action or a commander's disqualification.  It appears he met the eligibility criteria for the first award of the AGCM for the period 27 November 1963 through 23 November 1965 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he should be awarded the first award of the AGCM and his DD Form 214 should be corrected to show this award.
2.  He contends he was born in Lawrenceburg, TN and his induction record supports this contention.  Therefore, the entry on his induction record that shows his place of birth is Lawrenceburg, TN is accepted as sufficient evidence on which to base amending item 5 of his DD Form 214.

3.  The evidence of record supports his contention his height and weight are incorrect on his DD Form 214.  His SF 88, dated 22 September 1965, shows he weighed 182 pounds and was approximately 6'1".  Therefore, these items should be corrected on his DD Form 214.

4.  The entry on his induction record that shows his HOR is Lawrenceburg, TN is accepted as sufficient evidence on which to base amending items 23 and 33 of his DD Form 214.

5.  The entry on his DA Form 41 which shows his SSN as "xxx-xx-xxx6" is accepted as sufficient evidence on which to base amending his SSN in item 32 of his DD Form 214.

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:

	a.  awarding him the first award of the AGCM for the period 27 November 1963 through 23 November 1965;

	b.  adding the AGCM (1st Award) to his DD Form 214;

	c.  deleting the entry in item 5 of his DD Form 214 and replacing it with the entry "Lawrenceburg, Tennessee";

	d.  deleting the entry in item 7e of his DD Form 214 and replacing it with the entry "6'1"";

	e.  deleting the entry in item 7f of his DD Form 214 and replacing it with the entry "182"; 

	f.  deleting the entries in items 23 and 32 of his DD Form 214 and replacing them with the HOR address shown on his induction record; and 

	g.  deleting the SSN shown in item 32 of his DD Form 214 and replacing it with the SSN shown on his DA Form 41.




      _______ _   __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)                                         AR20130019669



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ABCMR Record of Proceedings (cont)                                         AR20130019669



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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