IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140011652
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 item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the entry "Army Artist Team X" after the Armed Forces Expeditionary Medal (Korea).
2. The applicant states he was one of only five artists chosen worldwide in the U.S. Army to depict military life in Korea during 1970. It was a major honor to do so. There is no error on his DD Form 214; just an omission. At the time he was sent home from Vietnam, he was asked if his DD Form 214 looked good; but in his excitement to get home he overlooked this very significant fact. He would also like to have this entry on his grave marker.
3. The applicant provides:
* Selection as Army Artist Team X memorandum
* Listing of Army Artist Team X members
* Letter congratulating him on his selection
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 records show he was inducted into the Army of the United States on 2 April 1969. He held military occupational specialty 11B (Light Weapons Infantryman).
3. He served in Vietnam from 2 September 1969 to 3 November 1970. During this period, he served in Korea in a temporary duty status from 1 March 1970 to 15 June 1970.
4. He was honorably released from active duty on 4 November 1970. Item 24 of his DD Form 214 listed his awards and decorations, including the Armed Forces Expeditionary Medal (Korea).
5. He provides:
a. A letter, dated 15 December 1969, informing the applicant's commanding officer of his selection as a member of the Army Artist Team X. He would report to the Command Historian, Headquarters, Eighth U.S. Army, Korea, on 1 March 1970 for a total of 107 days in a temporary duty status.
b. A list of Army Artist Team X members that includes his name.
c. A letter, dated 13 January 1970, from another selected Soldier congratulating the applicant on his selection.
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. 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, and is not intended to have any legal effect on termination of a Soldier's service. Item 24 lists awards and decorations.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The applicant served on active duty from 2 April 1969 to 4 November 1970. He was selected as a member of the Army Artist Team X and served in Korea from March to June 1970. There is no provision in the regulation to list this achievement on the DD Form 214. Such selection was not an award or decoration and as such, is not entered on the DD Form 214.
3. The entry of a certain language on a grave marker is not within the purview of this Board. The Board corrects military records. The applicant is advised to contact the facility or agency responsible for his grave marker to make such arrangements.
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 that 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) AR20140011652
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ABCMR Record of Proceedings (cont) AR20140011652
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