IN THE CASE OF: BOARD DATE: 11 March 2010 DOCKET NUMBER: AR20090014933 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, in effect, correction of his Statement of Service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change 1 year, 10 months, and 15 days to 2 years, 10 months, and 15 days. 2. The applicant states that his discharge document has been reviewed by many organizations and informed him that the Statement of Service does not add up to the correct amount of years. 3. The applicant provides, in support of his application, 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 in the Regular Army (RA) on 5 April 1966 for a period of three years. 3. The applicant was released from active duty on 29 March 1969 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, by reason of an overseas returnee. 4. The applicant completed 2 years, 10 months, and 15 days of active military service with 39 days of lost time. 5. Item 22a(1) (Net Service This Period) of his DD Form 214 shows he completed 1 year, 10 months, and 15 days total active service this period. 6. Item 22a(3) (Total) and Item 22b (Total Active Service) of his DD Form 214 also shows he completed 1 year, 10 months, and 15 days of active military service. 7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that 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. In the version in effect at the time, it stated that the total service completed between the dates shown in items 10c (Date Inducted) or 17c (Date of Entry) and 11d (Effective Date [of discharge]) of the DD Form 214, as represented by continual and foreign service, less time lost under Title 10, U.S. Code, section 972 and time lost subsequent to normal expiration of term of service will be entered in Item 22. DISCUSSION AND CONCLUSIONS: 1. The applicant served in the RA from 5 April 1966 through 29 March 1969. During this period he had 39 days of lost time. Therefore, he completed a total of 2 years, 10 months, and 15 days of active military service. 2. However, the applicant’s DD Form 214 incorrectly reflects that he completed only 1 year, 10 months, and 15 days of active military service. 3. It appears that an administrative error has occurred regarding the applicant’s Statement of Service. Therefore, it would be appropriate to correct the applicant’s DD Form 214 to show he completed 2 years, 10 months, and 15 days of active military service. BOARD VOTE: ____X___ ____X___ ___X____ GRANT FULL 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from items 22a(1), 22a(3) and 22b of his DD Form 214 the entry 1 [year] 10 [months] 15 [days] and replacing these items with the entry 2 [years] 10 [months] 15 [days]. ___________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) AR20090014933 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090014933 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1