BOARD DATE:	  3 March 2015

		DOCKET NUMBER:  AR20140012264 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 22 October 1970 to show his U.S. Air Force (USAF) awards and service.

2.  The applicant states his DD Form 214 for his Army service does not reflect his USAF awards and decorations.  

3.  The applicant provides his DD Forms 214 for the periods ending 2 November 1962 and 22 October 1970.  

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 served on active duty in the USAF from 5 January 1959 through 2 November 1962, a period of 3 years, 9 months, and 26 days.  His DD Form 214 for this period shows he was awarded the [USAF] Good Conduct Medal.

3.  The applicant enlisted in the Regular Army on 12 November 1968.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) indicates that in addition to his active service in the USAF he also had served 2 years, 2 months, and 2 days of inactive Federal service.  

4.  He was honorably discharged from the Regular Army on 22 October 1970, after completing 1 year, 11 months, and 11 days of active duty service.  His DD Form 214 for this period of service shows in:

	a.  Item 22a(2) (Other Service), the entry "5  11  29," indicating 5 years, 11 months, and 29 days.  This entry corresponds to his total prior active and inactive service in the USAF.  

	b.  Item 22b (Total Active Service), the entry "5  9  8," indicating 5 years, 9 months, and 8 days.  This entry corresponds to his total USAF active service and his total Regular Army active service.  

	c.  item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), does not show the Air Force Good Conduct Medal.

5.  Army Regulation 635-5 (Separations 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.  The regulation provided that for:

	a.  item 22a(2), enter all prior service excluding any service shown in item 22a(1) (Net Service this Period).  This includes any period served in the U.S. Army Reserve (USAR) or in the Army National Guard (ARNG) as a reservist not on active duty.

	b.  item 22b, enter total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the ARNG or USAR not on active duty, less time lost.

	c.  item 24, enter all decorations, service medals, campaign credits, and badges awarded or authorized.  

6.  Army Regulation 635-5, in effect at the time, did not provide for the recording of awards issued outside of the period covered by the DD Form 214.  Paragraph 13f states, "all entries other than those in the ‘Personal Data’ section apply to the current period of service, except that in those cases when enlisted personnel were not furnished a DD Form 214 upon discharge from a previous enlistment or enlistments, items 17, 19, 20, 22a(1), and 22c through 25 of the DD Form 214, will cover all service not previously covered by a DD Form 214."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 for the period ending 22 October 1970 should be corrected to show his USAF awards and service was carefully considered.

2.  His prior USAF service was properly recorded in item 22a(2) of his DD Form 214 for the period ending 22 October 1970.  In addition, his total active service, including his USAF active service, was properly recorded in item 22b.  Therefore, it appears his DD Form 214 correctly reflects his prior USAF service.

3.  The evidence shows he was awarded the Good Conduct Medal during his service in the USAF and this award is properly recorded on his DD Form 214 for that period.  The governing Army regulation in effect at the time of his separation from the Regular Army did not provide for the recording of awards issued outside of the period covered by that DD Form 214.  Therefore, there is no basis to amend his DD Form 214, for the period ending 22 October 1970, to show an award that was awarded during a period covered by a different DD Form 214.

4.  In view of the foregoing, there is no basis to grant the applicant's 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 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)                                         AR20140012264



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ABCMR Record of Proceedings (cont)                                         AR20140012264



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