IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160016403 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160016403 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows: * deleting the entry "28 Mar 68" from item 11d and replacing it with the entry "27 Mar 71, " and * adding to item 24 the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 2. The Board further determined 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 showing his date of release from active duty as 21 August 1971. ____________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. IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160016403 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect his date of discharge as 21 August 1971 in lieu of 28 March 1968. Additionally, he requests all his authorized awards. 2. The applicant states he entered active duty on 28 March 1968 and served 3 years. When his DD Form 214 was prepared, the clerk made an error and he did not realize it until recently. His entry date into the service is also shown as his exit date on his DD Form 214. He also requests a records correction to show all his authorized awards. 3. The applicant provides a copy of 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 enlisted into the Regular Army for a 3-year period on 28 March 1968 as shown on his DD Form 4 (Enlistment Contract – Armed Forces of the United States). 3. He was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar by Special Orders 131, dated 10 May 1968, issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood. 4. His record contains the original copy of his DA Form 20 (Enlisted Record Brief) showing the following information: a. item 31 (Foreign Service) – service in U.S. Army Europe – Germany from 8 September 1968 to "2 August 1970," b. item 41 (Awards and Decorations) – National Defense Service Medal 5. He was honorably released from active duty and issued a DD Form 214 containing the following information: a. item 11d (Effective Date) – "28 Mar 68" [28 March 1968], b. item 17b (Term of Service) – 3 years, c. item 17c (Date of Entry) – "28 Mar 68" [28 March 1968], d. item 22a (Statement of Service – Net Service this Period) – 3 years and e. item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – National Defense Service Medal. 6. There were no additional award orders filed in his personnel record. REFERENCES: Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated to use the Soldier's DA Form 20, orders, and official documents filed in the military personnel record as source documents to prepare the DD Form 214. Item 11d should reflect the date separation is accomplished. For item 24 enter all awards for all periods of service. Check the Soldier's records for validity of awards. DISCUSSION: 1. Special Orders awarded the applicant the Sharpshooter Marksmanship Qualification Badge with Rifle Bar. His DD Form 214 does not reflect this badge. 2. The applicant specifically stated his end of service date was 21 August 1971 within his application. However, his DD Form 4 shows he enlisted on 28 March 1968 for a period of 3 years. Therefore, his date of release from active duty should have been 27 March 1971 which is 3 years from his entry date. As his DD Form 214 reflects his date of release as the same date he entered active duty, an error exists within this document warranting correction. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016403 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016403 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2