BOARD DATE:	  10 September 2015

		DOCKET NUMBER:  AR20150000856 


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) to show his: 

* Foreign service in Vietnam
* Award of the Overseas Service Ribbon and Vietnam-related awards
* Primary military occupational specialty (PMOS) 11B (Light Weapons Infantryman)
* His induction date instead of volunteer date 

2.  The applicant states the requested items are missing from his DD Form 214.

3.  The applicant provides his 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's records show he enlisted in the Regular Army (RA) for a        2-year term on 29 September 1972.  He completed basic combat and advanced individual training at Fort Jackson, SC, and he was awarded PMOS 76A (Supplyman). 

3.  Following completion of training, he was assigned to the 502nd Supply and Transport Battalion, 2nd Armored Division, Fort Hood, TX.  

4.  He was honorably discharged from active duty under the Qualitative Management Program (chapter 5-37) of Army Regulation 635-200 (Personnel Separations).  His DD Form 214 shows in:

* Item 10c (Date Inducted) - "NA"
* Item 17c (Date of Entry) - 29 September 1972
* Item 22c (Foreign and/or Seas Service) - "0  0  0"
* Item 23a (Specialty Number and Title) - 76A10 Supplyman and the date 6 April 1973
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) - the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

5.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document was to provide the individual with documentary evidence of his or her military service.  Chapter 2 contained guidance on the preparation of the DD Form 214.  

* Item 10c shows the date of induction (draft), it applies only to individuals who were inducted (as opposed to enlisted)
* Item 17c shows the date entered on active duty or date of enlistment or reenlistment
* Item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last oversea theater in which service was performed, e.g., "Foreign and/or Sea Service (USAREUR)"
* Item 23a shows the PMOS code number, title, and date of award; in addition, enter PMOS evaluation score and date of score


6.  Army Regulation 600-8-22 (Military Awards) states the Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Army are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

DISCUSSION AND CONCLUSIONS:

The applicant served on active duty from 29 September 1972 to 12 February 1974.  He was trained at Fort Jackson and awarded MOS 76A and he was then stationed at Fort Hood.  

	a.  His records show he enlisted in the RA for a 2-year term on 29 September 1972.  The DD Form 214 contains two blocks for a Soldier's entry date:  Item 10c shows the date of induction for those Soldiers who were inducted and item 17c shows the date entered on active duty or date enlistment or reenlistment.  The applicant enlisted in the RA; therefore, item 17c is correctly completed to show his date of entry. 

	b.  His records show he only served at Fort Jackson for training and at Fort Hood as a permanent duty station.  Nothing in his records shows he went overseas.  As such, item 22c correctly lists no foreign service.  There is no evidence that he served in Vietnam; therefore, he would not be eligible for any Vietnam-related awards.  

	c.  His records show he completed training and he was awarded MOS 76A.  Nothing in his records shows he was trained in, awarded, or held MOS 11B.  Because he was only trained in MOS 76A, item 23a correctly lists this MOS. 

	d.  The Overseas Service Ribbon was created in 1981.  He served on active duty from September 1972 to February 1974.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  There is no evidence that the applicant served overseas and he did not have an active status after 1981.  He does not meet the criteria for this award. 

	e.  Therefore, in view of the foregoing, there is no justification for granting the 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)                                         AR20150000856



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ABCMR Record of Proceedings (cont)                                         AR20150000856



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