ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 May 2019 DOCKET NUMBER: AR20170013581 APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 February 1974 to show: * Combat Infantryman Badge * Vietnam Service Medal * Army Training Program (ATP) 21-114 (Basic Combat Training) * Code of Conduct Training Course * Geneva Convention Training Course APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 27 October 1969 * DD Form 214, effective 15 February 1974 * DD Form 215, effective 30 April 2015 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 stated, in effect, his DD Form 214, which was reissued on 30 April 2015, should be corrected to show in: a. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * CIB * VSM * NDSM * b. Item 14 (Military Education): * ATP 21-114 * Code of Conduct Training * Geneva Convention Training 3. On 12 February 1969, he enlisted in the Regular Army and served on active duty for 8 months and 16 days. He served in Vietnam for a period of 3 months and 8 days. 4. On 27 October 1969, he was honorably discharged for immediate reenlistment. His DD Form 214 for the period ending 27 October 1969 shows in: a. Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * CIB * VSM * National Defense Service Medal (NDSM) b. Item 25 (Education and Training Completed): * ATP 21-114 * Code of Conduct * Geneva Convention 5. On 28 October 1969, he reenlisted in the Regular Army. He was discharged on 15 February 1974 in lieu of trial by court-martial. His characterization was shown as under other than honorable conditions. His DD Form 214, effective 15 February 1974, shows in a. Item 24 – NDSM b. Item 25 – None 6. On 24 February 2015, the ABCMR voted to upgrade the characterization of his service for the period ending 15 February 1974 to general, under honorable conditions. His DD Form 214 was reissued on 30 April 2015, and shows in: a. Item 13 – NDSM b. Item 14 – None 7. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from 1. active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version of the regulation in effect at the time of his discharge in 1974 had no provisions allowing for the addition of achievements or training accomplished prior to the period covered by a DD Form 214. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. The Board found that based upon the applicant having two separate terms of military service, two separate DD Form 214s were generated for each of those separate terms of service. The first term of service ran from 28 October 1969 to 27 October 1969. This first term of service generated the first DD Form 214, which related the awards and training received during that term of service, which include the CIB, VSM, NDSM, ATP 21-114, Code of Conduct Training, and Geneva Convention Training. The second term of service ran from 28 October 1969 to 15 February 1974. This second term of service generated a second DD Form 214 which reflects the awards and training received during that specific term of service, which in case was the NDSM. When the ABCMR voted to upgrade the second term of service’s DD Form 214, it correctly annotated the same awards as was annotated on the original. Therefore, the Board found no error or injustice which would warrant a correction to the record. Based upon the applicant having two DD 214s, which represent during periods of service and the relief sought correctly being depicted on the first DD Form 214, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 5/10/2019 X CHAIRPERSON Signed by: 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. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. There are no provisions allowing for the addition of achievements or training accomplished prior to the period covered by a DD Form 214.