ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20170000173


APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct name and his missing character of service.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, for the period ending 20 August 1964
* United States of America – Certificate of Naturalization, dated 21 October 1970

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his type of discharge was left blank and he needs it to apply for health benefits.  He also states his middle name was dropped when he became a naturalized citizen.

3.  The applicant was inducted into the Army of the United States on 21 August 1962.  

4.  His DA Form 24 (Service Record), covering the period 21 August 1962 to 20 August 1964, shows his conduct and efficiency marks were excellent, except for a 5 day period categorized as unknown.  A review of the applicant's record shows no evidence of being convicted by a general court-martial or by a special court-martial during his service.   

5.  The applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Annual Training) on 20 August 1964.  His 
DD Form 214 shows he was released under the provisions of Army Regulation 635-200 (Personnel Separations), with Separation Program Number (SPN) 201 (Expiration of Term of Service (ETS)) and that he completed 2 years of total active service.  It further shows:

     a.  item 1 (Last Name – First Name – Middle Name) records his full middle name,

     b.  item 13a (Character of Service) is left blank, and

     c.  item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the entries Army Good Conduct Medal and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  LO USAR: 002-282-755 issued by U.S. Army Administration Center, St. Louis, MO, dated 25 July 1968 shows he was honorably discharged from the USAR Control Group by reason of ETS on 31 July 1968.  

7.  All of the documents in the applicant's military record list his full middle name or his middle initial. 

8.  The applicant provides his United States Certificate of Naturalization that shows the U.S. District Court of Puerto Rico granted him citizenship on 21 October 1970.  

9.  Army Regulation 635-200, dated 8 April 1959, states the issuance of an honorable discharge will be furnished when the individual meets the following qualifications:

* has conduct ratings of at least "good"
* has efficiency ratings of at least "fair"
* has not been convicted by a general court-marital
* has not been convicted more than once by a special court-martial

10. Army Regulation 635-5 (Separation Documents), dated 13 August 1963, states:

     a.  for item 1, enter the last name, first name, and full middle names, if any.

     b.  for item 13a,  enter one of the following in capital letters, "Honorable," Under Honorable Conditions, "Dishonorable."  When an enlisted person is transferred or returned to a Reserve Component, enter either "Honorable" or "Under Honorable Conditions," whichever is appropriate. 

BOARD DISCUSSION:

1.  The Board carefully considered the application with supporting documentation, the applicant’s statement and the evidence in the record.  The Board noted that the applicant’s name was changed after his period of service.  The Board noted his conduct and efficiency marks as well as no disciplinary actions in the record.  The Board concurred with the administrative correction described below.

2.  After reviewing the application and all supporting documents, the Board found that partial relief warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 for the period ending 20 August 1964 by showing his character of service as Honorable and by adding the National Defense Service Medal as shown in Administrative Notes below.

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 amending his name on his DD Form 214.





	 
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.


ADMINISTRATIVE NOTE(S):  administratively correct item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 to add the National Defense Service Medal.





REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-200, dated 8 April 1959, provided guidance for enlisted personnel upon expiration of term of service.  It states:

     a.  Individuals who are discharged or released from active duty will, in addition to a discharge certificate or a Certificate of Service, be furnished a factual record of military service rendered, the character and duration thereof, and the type of separation on 
DD Form 214.

     b.  An honorable discharge is a separation from the Army with honor. The issuance of an honorable discharge is conditioned upon proper military behavior and proficient and industrious performance of duty, giving due regard to the rank or grade held and the capabilities of individual concerned.  An honorable discharge will be furnished when the individual meets the following qualifications:

          (1)  Has conduct ratings of at least "Good."
          (2)  Has efficiency ratings of at least "Fair."
          (3)  Has not been convicted by a general court-martial.
          (4)  Has not been convicted more than once by a special court-martial. 
           
3.  Army Regulation 635-5 (Separation Documents), dated 13 August 1963, prescribes the separation documents that will be furnished to each individual who is separated from the Army, including active duty for training personnel, and establish standardized procedures for the preparation and distribution of these documents.  Section III provides the instruction for the preparation of the DD Form 214.  It states for:

     a.  item 1 (Last Name – First Name – Middle Name) – enter the last name, first name, and full middle names, if any.

     b.  item 13a (Character of Service) - enter one of the following in capital letters, "Honorable," Under Honorable Conditions, "Dishonorable."  When an enlisted person is transferred or returned to a Reserve Component, enter either "Honorable" or "Under Honorable Conditions," whichever is appropriate.  

4.  Army Regulation 600-8-22 (Military Awards), currently in effect, states the National Defense Service Medal (NDSM) would be awarded for honorable active duty service for the period between 1 January 1961 and 14 August 1974.  

  

ABCMR Record of Proceedings (cont)	 AR20170000173
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