IN THE CASE OF:
BOARD DATE: 14 August 2014
DOCKET NUMBER: AR20140000705
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 award of the National Defense Service Medal and any other awards he is authorized. He also requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the entry "high school diploma" in item 10a (Highest Civilian Education Level Attained).
2. The applicant states he served during the Vietnam era.
3. The applicant provides a 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 was inducted into the Army of the United States on 15 May 1963. His DD Form 47 (Record of Induction) shows he had completed 12 years of education.
3. His DA Form 20 (Enlisted Qualification Record) shows he attended 4 years of high school. It also shows the entry "NO" under the "Completed" block.
4. He was honorably released from active duty on 10 April 1964. His DD Form 214 shows in item 10a the entry "12 Years." It also shows he was awarded or authorized the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-1).
5. Army Regulation 600-8-22 (Military Awards) states the National Defense Service Medal 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.
6. Army Regulation 635-5 (Separation Documents), in effect during the applicant's active duty service, 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 the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation provided that for item 10a, enter the information according to the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty during a qualifying period for award of the National Defense Service Medal. Therefore, his DD Form 214 should be corrected by adding this award.
2. In reference to item 10a of his DD Form 214, the regulation in effect at the time of his separation provided that the information for this item would be extracted from the DA Form 20. His DA Form 20 shows he attended 4 years of high school; however, it also shows the entry "NO" under the "Completed" block. Therefore, there is insufficient evidence on which to base correcting his DD form 214 to show the entry "high school diploma."
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 National Defense Service Medal.
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 to his DD Form 214 the entry "high school diploma."
_____________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) AR20140000705
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ABCMR Record of Proceedings (cont) AR20140000705
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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