RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 September 2005
DOCKET NUMBER: AR20040010834
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 |
| |Mr. Ronald DeNoia | |Analyst |
The following members, a quorum, were present:
| |Mr. Stanley Kelley | |Chairperson |
| |Ms. Barbara J. Ellis | |Member |
| |Mr. Richard T. Dunbar | |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).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Report of Separation from
Active Duty), with an effective date of 12 February 1970 be changed to show
his correct date of entry on active duty.
2. The applicant states that the dates are overlapping and he needs his
records corrected in order to buy back his military time.
3. The applicant provides a two DD Forms 214, with effective dates of 19
July 1964 and 12 February 1970, respectively.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 12 February 1970. The application submitted in this case is
dated 4 November 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 limitations 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 entered active duty on 24 April 1962. Upon completion of
basic training and advanced individual training he was awarded the military
occupational specialty (MOS) 911.17 (Medical Specialist). He served with
the 32d Infantry Division in Korea and the 25th Infantry Division in
Vietnam.
4. The applicant's DD Form 214 with an effective date of 19 July 1964
shows the reason for discharge as "Immediate Reenlistment".
5. The applicant's DD Form 214 with an effective date of 12 February 1970
shows the applicant entered active duty on 19 April 1964.
6. The applicant's official Military Personnel Record File contains a DD
Form 4 (Enlistment Record). Typed on the top of this form is the entry
"Immediate Reenlistment). Item 8 (date enlisted) of this form shows the
date 20 July 1964.
DISCUSSION AND CONCLUSIONS:
1. Records show the applicant originally enlisted in the Army for the
period 24 April 1962 through 19 July 1964. Since he was already on active
duty he could not have entered active duty on 19 April 1964, as reflected
by the DD Form 214, with a separation date of 12 February 1970.
2. All records show that the applicant immediately reenlisted upon being
separated on 19 July 1964. Therefore, it can be reasonably assumed that an
error was made when the DD Form 214 was prepared. The date of entry on
active duty should have been 20 July 1964, the date he reenlisted.
3. In view of the above the applicant's DD Form 214 should be corrected to
show the correct date of entry on active duty.
4. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 11 February 1973. The applicant did not file within
the 3-year statute of limitations; however, he has provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to file in this case.
BOARD VOTE:
__sk____ __bje___ __rtd___ 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 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 to show the date of entry on active duty
as 20 July 1964, on the DD form 214 dated 12 February 1970.
Stanley Kelley
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040010834 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050901 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0500 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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