IN THE CASE OF:	  

		BOARD DATE:	  9 June 2009

		DOCKET NUMBER:  AR20080019150 


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 that his final DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 February 1988, be corrected to show his entry into the U.S. Army on 18 January 1972.

2.  The applicant states that item 12a (Date Entered AD [active duty] This Period) should show 18 January 1972 rather than 28 November 1988.

3.  The applicant provides a copy of the subject DD Form 214 in support of his request.

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 originally enlisted and entered active duty on 18 January 1972.  He reenlisted on 27 February 1975 having served exactly 3 years of prior active duty service.  He reenlisted again on 28 November 1977 having served a total of 5 years, 9 months, and 1 day of prior active military service.  He reenlisted again on 28 April 1980 and 31 January 1983.

3.  His final DD Form 214 incorrectly shows his Total Prior Active Service as 5 years, 11 months, and 3 days.  However, it is the normal practice of this Board to not recommend record changes that might disadvantage the Soldier concerned.

4.  The DD Form 214, dated 26 February 1988, is the only one contained in the applicant's available records.

 5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In pertinent part, it states 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.  Until the 1 October 1979 version of this regulation, a DD Form 214 was issued each time a Soldier was discharged to reenlist.   Thereafter, a DD Form 214 was issued only when the individual was actually separated from the Service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his final DD Form 214, dated 26 February 1988, be corrected to show he entered active duty on 18 January 1972.

2.  The applicant started his final period of continuous active duty service on 28 November 1977 with almost 6 years of prior active duty.  The 1988 DD Form 214 is correct.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20080019150



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ABCMR Record of Proceedings (cont)                                         AR20080019150



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