RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            10 FEBRUARY 2004                  
	DOCKET NUMBER:   AR2003090824

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Ms. Linda M. Barker		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests, in effect, that his award of the Legion of Merit be added to his Department of Defense Form 214 (Certificate of Release or Discharge from Active Duty) and that his Department of the Army Form 2-1 (Personnel Qualification Record) be corrected to show that he was medically evacuated from Vietnam, via the Philippines, to Japan.

2.  The applicant states he attempted to have the Legion of Merit added to his separation document at the time of his retirement in 1989.  He also states that he has not seen his medical records since he “left from the Saigon Naval Hospital on 650619.”

3.  The applicant provides a copy of his Legion of Merit award orders, a request to have the separation document previously corrected, documents associated with his retirement by reason of physical disability, and a copy of one page of his Department of the Army Form 2-1.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 
1 September 1989.  The application submitted in this case is dated 19 April 2003. 

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant served an initial period of active duty between July 1961 and July 1963 and returned to active duty in August 1963.  

4.  In June 1965 the applicant was assigned to Vietnam.  There is no indication in available records that the applicant was evacuated from Vietnam in a patient status, however, his record of assignments does indicate that he departed Vietnam in a “casual” status in September 1965 and that by December 1965 he was performing duties as a military policeman with a military police company in Japan.  Notwithstanding the information in the assignments section of his 

Department of the Army Form 2-1, item 5 (overseas service) shows service in Vietnam from June 1965 until December 1965 and then service in Japan from December 1965 until July 1966.

5.  Army Regulation 640-2-1, then in effect, established the policies and provisions for the maintenance of Army military personnel files.  Although there may be discrepancies in the information contained on his Personnel Qualification Record, the Department of the Army Form 2-1, used during the servicemember’s period of military service, was a management tool used by military commanders and personnel managers to effectively manage a Soldier’s career.  The form was not intended to be a historical record of a Soldier’s career nor intended for use outside, or beyond, an individual’s military service.

6.  In September 1989 the applicant was retired by reason of physical disability with more than 28 years of active Federal service.  Prior to his retirement he was awarded the Legion of Merit for meritorious service.  Orders issued by Headquarters III Corps and Fort Hood, Texas, confirmed the award.  The award, however, was omitted from his separation document.

7.  In November 1989 a member of the Transition Point at Fort Riley, Kansas, attempted to have the applicant’s 1989 separation document corrected to add his award of the Legion of Merit.  There is no indication, however, that the correction was ever accomplished.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded a Legion of Merit prior to his retirement.  His records should be corrected accordingly.

2.  Although there does appear to be a discrepancy regarding information concerning the departure of the applicant from Vietnam on his Department of the Army Form 2-1, the form was not intended to be a historical record of a Soldier’s career nor intended for use outside, or beyond, an individual’s military service.  Notwithstanding the fact that there are no documents to confirm the actual sequence of events, or basis for the applicant’s departure from Vietnam, correcting unclear information or adding entries to that form years after the fact serves no useful military purpose and as such, the lack of information, or unclear information on the form does not indicate or create an error or injustice in an individual’s records necessitating Board action.

BOARD VOTE:

__JNS __  __RTD __  __LMB __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Legion of Merit.

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 correcting assignment information on his Department of the Army Form 2-1.  

		_____John N. Slone_______
		        CHAIRPERSON

INDEX

CASE ID	AR2003090824	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040210	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	110.00	
3.		
4.		
5.		
6.