IN THE CASE OF:  
  	  

		BOARD DATE:  30 June 2015	  

		DOCKET NUMBER:  AR20140020132 


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 reconsideration of his earlier request for the issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) that covers 3 years of active service and 2 years in Vietnam. 

2.  The applicant states:

* he served in an enlisted, warrant, and commissioned officer status; he did not receive a DD Form 214 for his warrant officer service
* he served on active duty in a warrant officer status from 8 November 1966 to 6 November 1969; he completed a tour in Vietnam during this period 
* he did not receive credit for the tour in Vietnam because of the missing DD Form 214
* the previous case indicated that a DD Form 214 for this period is not available and is presumed it was issued

3.  The applicant provides: 

* Congressional correspondence
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 7 November 1966 and 5 September 1971
* Previous Record of Proceedings
* Letter from the National Personnel Records Center
* Retirement Points Statement
* Letter from Disabled American Veterans
* Flight records
* U.S. Army Aviation School Diploma
* Warrant Officer Appointment Certificate
* Commissioned officer appointment memorandum

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090003369, on 9 September 2009.

2.  The applicant does not meet the two-tiered criteria for a request for reconsideration in that his request was neither received within 1 year of the Board's original decision nor does it contain any new evidence.  However, as a one-time exception to policy his case will be reconsidered by the Board.

3.  The applicant's records show he enlisted in the Regular Army (RA) on 28 June 1965.  He completed all three phases of the Warrant Officer Rotary Wing Aircraft Course and the Aircraft Maintenance Crewman Course.  

4.  He was honorably discharged on 7 November 1966 for the purpose of accepting a warrant officer appointment.  His DD Form 214 for this period shows he completed 1 year, 4 months, and 10 days of active service.  It also shows he was awarded or authorized the: 

* National Defense Service Medal
* Expert Marksmanship Qualification Badge with Rifle Bar (M-14)
* Marksman Marksmanship Qualification Badge with Pistol Bar (.45 caliber)

5.  He was appointed as a Reserve warrant officer of the Army with concurrent call to active duty and executed an oath of office on 8 November 1966.  He held military occupational specialty 062B (Helicopter Pilot).

6.  He served in Vietnam from 6 December 1966 to 28 November 1967.  He was assigned as follows: 

* 282nd Aviation Company, from 15 December 1966 to 9 June 1967
* 240th Aviation Company, from 10 June 1967 to 27 November 1967 

7.  He was honorably discharged from active duty on 5 November 1969 for the purpose of accepting a commission.  He completed 2 years, 11 months, and 29 days of active service.  His DD Form 214 for this period of service is not available for review with this case. 
8.  He was appointed as a Reserve commissioned officer of the Army with concurrent call to active duty and executed an oath of office on 6 November 1969.  He served in Vietnam from 10 May 1969 to 9 May 1970.  He was assigned to 179th Aviation Company.  He was promoted to captain on 6 November 1970.  

9.  He was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) on 5 September 1971.  His DD Form 214 for this period of service shows he completed 1 year and 10 months of active service, of which 1 year was foreign service.  It also shows:

* he completed 4 years, 4 months, and 8 days of prior service consisting of his prior enlisted active service and warrant officer active service, for a total of 6 years, 2 months, and 8 days of active service
* he was awarded or authorized the:

* Army Aviator Badge
* National Defense Service Medal
* Good Conduct Medal
* Vietnam Service Medal
* Air Medal (7th Oak Leaf Cluster) and "V" Device
* Vietnam Campaign Medal with 1960 Device
* one overseas service bar
* Bronze Star Medal 

10.  He was transferred from the USAR to the Texas Army National Guard (TXARNG) on 30 September 1971 and he was discharged from the TXARNG on 8 May 1975. 

11.  In 2009, he petitioned this Board for correction of his commissioned officer DD Form 214 to show 2 years of foreign service and his military aviation educational training.  

	a.  The Board acknowledged his service in Vietnam but explained Government regularity, i.e., that it is presumed he was issued a DD Form 214 for his warrant officer service from 8 November 1966 to 5 November 1969. 

	b.  The Board granted him partial relief with respect to awards and decorations and he was accordingly issued a DD Form 215 (Correction to DD Form 214) that added the: 



* Vietnam Service Medal with one silver star and one bronze service star 
* Meritorious Unit Commendation
* Republic of Vietnam Gallantry Cross with Palm Unit Citation (2nd Award)
* Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
* Expert Marksmanship Qualification Badge with Rifle Bar 
* Marksman Marksmanship Qualification Badge with Pistol Bar 

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous active duty for training (ADT), Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability, regardless of the length of time served on active duty;

	c.  ARNG and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision; and

	d.  RC Soldiers completing initial ADT that results in the award of a military occupational specialty, even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or the USAR Split Training Program.

13.  Paragraph 2-7 (Issuing and Reissuing the DD Form 214) of Army Regulation 635-5 states: 

	a.  Once a DD Form 214 has been issued, do not reissue except for the following reasons:  (1) When directed by proper appellate authority, Executive Order, or by the Secretary of the Army; (2) When it is determined that the original DD Form 214 cannot be properly corrected by issuance of a DD Form 215 or if the correction would require issuance of more than two DD Forms 215; (3) When two DD Forms 215 have been issued and an additional correction is required.

	b.  When a DD Form 214 is administratively issued or reissued, enter that fact and the date of such action on the DD Form 214, item 18 (Remarks), unless the appellate authority, executive order, or Secretarial directives specifies otherwise. 

	c.  Do not issue DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record (emphasis added). 

DISCUSSION AND CONCLUSIONS:

1.  The available records show the applicant served on active duty in three statuses: 

	a.  He served as an enlisted Soldier on active duty from 28 June 1965 to 7 November 1966.  He was issued a DD Form 214 for this period of service that confirms he completed 1 year, 4 months, and 10 days of active service. 

	b.  He served as a warrant officer on active duty from 8 November 1966 to 5 November 1969.  He completed 2 years, 11 months, and 29 days of active service, including service in Vietnam from 6 December 1966 to 28 November 1967. 

		(1)  A DD Form 214 for this period of service is not available for review with this case and is not provided by the applicant.  It is presumed the applicant was issued a DD Form 214 for this period of service.  By regulation, a DD Form 214 is not issued to replace record copies or DD Forms 214 lost by Soldiers.  Also by regulation, if no DD Form 214 is available, personnel officials may issue a statement of service or transcript of military record. 

		(2)  Although there is no error in his records, as a matter of equity, the applicant should be issued an appropriate document such as a Certification of Military Service or an AHRC Form 1569 (Transcript of Military Record) that captures his warrant officer service from 8 November 1966 to 5 November 1969 and listing his foreign service in Vietnam from 6 December 1966 to 28 November 1967.

	c.  He served as a commissioned officer on active duty from 6 November 1969 to 5 September 1971.  He was issued a DD Form 214 for this period of service and it shows he completed 1 year and 10 months of active service, of which 1 year was foreign service.  It also captured his awards and decorations. 

2.  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.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  

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 partial amendment of the ABCMR's decision in Docket Number AR20090003369, on 9 September 2009.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him an appropriate document such as a Certification of Military Service or an AHRC Form 1569 (Transcript of Military Record) that captures his warrant officer active service from 8 November 1966 to 5 November 1969 and listing his foreign service in Vietnam from 6 December 1966 to 28 November 1967.

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 reissuing him a replacement DD Form 214 for his warrant officer active service from 8 November 1966 to 5 November 1969. 

      _______ _   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)                                         AR20140020132



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ABCMR Record of Proceedings (cont)                                         AR20140020132



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