BOARD DATE:	 5 May 2015 

		DOCKET NUMBER:  AR20140015465 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the characterization of his service was honorable.

2.  The applicant states that he served honorably in the Regular Army (RA) from 28 March 1966 to 28 March 1969.  The Department of Veterans Affairs (VA) provided him a letter certifying that he served honorably on active duty during that period.  However, item 13a (Character of Service) of his DD Form 214 does not show honorable service (the item is blank).

3.  The applicant provides copies of his DD Form 214 and a letter from the VA, Salt Lake City, Utah.

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 enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 7 December 1965 for a period of 6 years.  He was discharged on 
27 March 1966 to enlist in the RA.

3.  On 28 March 1966, he enlisted in the RA for a period of 3 years.

4.  A review of his DA Form 20 (Enlisted Qualification Record) shows in:

* item 22 (Military Occupational Specialties (MOS)), he was awarded:

* Primary MOS 63C (Generator Vehicle Repairman)
* Secondary MOS 62B (Engineer Equipment Repairman)

* item 31 (Foreign Service), he served in Vietnam from 9 May 1967 through 6 May 1968
* item 33 (Appointments and Reductions), he was promoted to specialist five (SP5)/pay grade E-5 (temporary (T)), on 31 December 1968
* item 38 (Record of Assignments), he received all "excellent" conduct and efficiency ratings throughout his military service, except for the period 
25 September 1966 through 4 October 1966 that was rated "unknown"
* item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date Expiration Term of Service (ETS)), he was absent without leave (AWOL) on 4 January 1967

5.  The applicant accepted nonjudicial punishment for being AWOL on
4 January 1967.  His punishment was a forfeiture of $32.00 pay, 14 days of restriction, and extra duty.

6.  Further review of the applicant's military personnel records failed to reveal evidence of any other disciplinary actions or adverse information.

7.  A DD Form 214 shows the applicant entered active duty this period on 
28 March 1966, was released from active duty on 28 March 1969, and was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation.

   a.  He had completed 3 years of net active service this period.

   b.  Item 13a is blank (contains no entry).

8.  Office of The Adjutant General, USAR Components Personnel and Administration Center, St. Louis, MO, Letter Orders Number 11-1290668, dated 24 November 1971, honorably discharged the applicant from the USAR Control Group (Standby), effective 6 December 1971.

9.  VA, Salt Lake City, Utah, letter, dated 14 April 2014, shows the VA certified the applicant served on active duty in the U.S. Army from 28 March 1966 until 
28 March 1969 and that his service was characterized as honorable.

10.  Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel.  Chapter 1 (General Provisions) provides the authority for separation of enlisted personnel upon ETS.

   a.  Paragraph 1-9d provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  An honorable discharge is a separation with honor.  Issuance of an honorable discharge will be conditioned upon proper military behavior and proficient performance of duty during the member's current enlistment of current period of service with due consideration for the member's age, length of service, grade, and general aptitude.  Where a member has served faithfully and performed to the best of his ability and has been cooperative and conscientious in doing his assigned tasks, he may be furnished an honorable discharge.

   b. 	Paragraph 1-9e provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory, but not sufficiently meritorious to warrant an honorable discharge.

11.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.  

   a.  It stated the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  

   b.  It shows for item 13a, in pertinent part, when an enlisted Soldier is transferred or returned to a Reserve component enter in capital letters either "HONORABLE" or "UNDER HONORABLE CONDITIONS," whichever is appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 13a of his DD Form 214, dated 28 March 1969, should be corrected to show his characterization of his service was "honorable."

2.  The evidence of record shows the applicant enlisted in the RA on 28 March 1966 for a period of 3 years.  This established his ETS date as 27 March 1969.   

   a.  He served on active duty from 28 March 1966 through 28 March 1969.  He had 1 day of time lost; however, he completed 3 years of net/total active service, thereby making good the 1 day of lost time.  Thus, he completed the full term of his enlistment contract prior to being transferred to the USAR Control Group (Reinforcement).

   b.  In addition, the applicant completed a tour of duty in Vietnam, he was promoted to SP5/E-5 (T), and he received "excellent" conduct and efficiency ratings during the period of service under review.

3.  The evidence of record shows the character of service of an enlisted Soldier who is transferred or returned to the USAR will be either "Honorable" or "Under Honorable Conditions," whichever is appropriate.

4.  Therefore, in view of all of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show his character of service during the period of service under review was honorable.

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 adding to item 13a of his DD Form 214, dated 28 March 1969, the entry "HONORABLE."



      _______ _  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)                                         AR20140015465



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ABCMR Record of Proceedings (cont)                                         AR20140015465



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