ABCMR Record of Proceedings (cont) AR20040007257

RECORD OF PROCEEDINGS

IN THE CASE OF:

BOARD DATE: 23 August 2005

DOCKET NUMBER: AR20040007257

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. Rosa M. Chandler / Analyst

The following members, a quorum, were present:

Ms. Kathleen A. Newman / Chairperson
Mr. William D. Powers / Member
Ms. Marla J. N. Troup / Member

The Board considered the following evidence:

Exhibit A - Application for correction of military records.

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

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ABCMR Record of Proceedings (cont) AR20040007257

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1. The applicant requests that he be issued a DD Form 256A (Honorable Discharge Certificate) for the period from 2 July 1964 to 1 July 1970.

2. The applicant states that he has never received his Honorable Discharge Certificate.

3. The applicant provides in support of his request a copy of his DD Form

214 (Armed Forces of the United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1. The applicant is requesting correction of alleged error which occurred on

30 June 1967. The application submitted in this case is dated 8 September 2004.

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. The applicant’s military records show that he enlisted in the Regular Army for

3 years on 3 July 1964. He completed the training requirements and he was awarded military occupational specialty (MOS) 63B, Wheel Vehicle Mechanic.

4. The applicant served in Germany from 22 January to 5 December 1965 until he was assigned to the 565th Transportation Company, Vietnam on

31 December 1965. He served in Vietnam during the Vietnam Advisory and Vietnam Defense campaigns. On 25 December 1966, he returned to the United States and was assigned to Fort Knox, Kentucky.

5. The applicant's DD Form 214 shows that, on 30 June 1967, he was honorably released from active duty and transferred to the United States Army Reserve (USAR). His DD Form 214 also shows he was awarded the National Defense Service Medal, Vietnam Service Medal, Vietnam Campaign Medal and the Sharpshooter Marksmanship Qualification Badge (Rifle). Item 13b (Type of Certificate Issued) is annotated to show "None."

6. Effective 1 July 1970, the applicant was honorably discharged from the USAR.

7. Army Regulation 635-5 (Personnel Separations-Separation Documents) provides prescribes policies and procedures policies and procedures regarding separation documents). It also implements DODInstruction 1336.1 (Certificates of Release or Discharge from Active Duty. Paragraph 2-10 provides that aDD Form 256A (Honorable Discharge Certificate) is appropriately issued to all Soldiers receiving an honorable discharge.

DISCUSSION AND CONCLUSIONS:

1. The available evidence showsthe applicant was not issued a Honorable Discharge Certificate at the time of his discharge from the USAR.

2. Therefore, it would be appropriate to issue the applicant a Honorable Discharge Certificate for the period of service from 2 July 1964 to 1 July 1970.

BOARD VOTE:

__kan___ __wdp___ __mjnt__ GRANT RELIEF

______GRANT PARTIAL RELIEF

______GRANT FORMAL HEARING

______DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for 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 issuing him a Honorable Discharge Certificate for the period of service from 2 July 1964 to 1 July 1970.

Kathleen A. Newman

______

CHAIRPERSON

INDEX

CASE ID / AR20040007257
SUFFIX
RECON
DATE BOARDED / 20050823
TYPE OF DISCHARGE / (HD)
DATE OF DISCHARGE / 19670630
DISCHARGE AUTHORITY / AR635-200
DISCHARGE REASON
BOARD DECISION / (GRANT)
REVIEW AUTHORITY
ISSUES 1. / 100.0000
2.
3.
4.
5.
6.

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