RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 20 September 2005
DOCKET NUMBER: AR20040010946
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. Lisa O. Guion | |Analyst |
The following members, a quorum, were present:
| |Mr. James C. Hise | |Chairperson |
| |Mr. Thomas E. O’Shaughessy | |Member |
| |Mr. Patrick H. McGann | |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, in effect, that the entries shown in Item 19c
(Date of Entry) of his 15 February 1960 and 16 February 1966 separation
documents
(DD Forms 214) be corrected.
2. The applicant states, in effect, that years indicated in the dates of
discharge on the separation documents in question are in error. He claims
the dates shown had him moving backward instead of forward.
3. The applicant provides a copy of his 15 February 1960 and 16 February
1966
DD Forms 214 in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 31 August 1970. The application submitted in this case is
dated 3 December 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’s military records show he served on active duty for 3
years and 9 months, from 12 October 1948 through 11 July 1952.
4. The applicant’s Military Personnel Record Jacket (MPRJ) contains an
Enlistment Record (DD Form 4) that show he reenlisted in the Army on 29
March 1954, and continued to serve on active duty until being honorably
discharged for the purpose of immediate reenlistment on 15 February 1960.
The DD Form 214 he was issued for this period of active duty service
contains the erroneous entry
16 February 1960 in Item 19c (Date of Entry).
6. The applicant’s MPRJ also contains a DD Form 4 showing he reenlisted in
the RA on 16 February 1960, for six years. He continued to serve on active
duty on this enlistment until being honorably discharged on 15 February
1966. The separation document he was issued for this period of active duty
contains the erroneous entry "16 February 1966" in Item 19c.
8. The applicant again reenlisted in the RA on 16 February 1966 and
continued to serve until he was honorably separated for the purpose of
retirement on
31 August 1970, after completing a total of 20 years, 2 months, and 2 days
active military service.
9. The applicant’s MPRJ contains a Statement of Service that shows the
following chronological dates of military service the applicant completed
in the Regular Army (RA): 12 October 1948 to 11 July 1952 ( 3 years and 9
months); 29 March 1954 to 15 February 1960 (5 years, 10 months, and
17 days);
16 February 1960 to 15 February 1966 (6 years); and 16 February 1966 to
31 August 1970 (4 years, 6 months and 15 days).
10. Army Regulation 635-5 prescribes the separation documents that are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army. It also establishes standardized
policy for preparing and distributing the DD Form 214. Section III
contains item-by-item instructions for completing the DD Form 214. The
instruction for Item 19c, (Date of Entry) specifies to enter the date
entered on active duty or date enlistment or reenlistment s accomplished.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the entry shown in Item 19c on two of
his separation documents are incorrect has been carefully considered and
found to have merit.
2. The evidence of record confirms that the applicant initially enlisted
in the
RA on 29 March 1954 and continuously served until being honorably
discharged for the purpose of immediate reenlistment on 15 February 1960.
However, the DD Form 214 he was issued for this period of service
erroneously indicates in Item 19c that he entered that enlistment on
16 February 1960. Therefore it would be appropriate to correct Item 19c of
the applicant's 15 February 1960 separation document to show he entered
that period of active duty service on
29 March 1954.
3. The evidence of record also confirms that the applicant reenlisted in
the RA on 16 February 1960 and continuously served until being honorably
discharged on 15 February 1966. The DD Form 214 he was issued for this
period of active duty service contains the erroneous entry 16 February 1966
in Item 19c. As a result, it would also be appropriate to correct Item 19c
of this separation document to show he entered active duty on that period
of active duty service on 16 February 1960.
BOARD VOTE:
___JCH _ __TEO __ __PHM__ 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 amending Item 19c of his 15 February
1960 DD Form 214 by deleting the current entry and replacing it with the
entry “29 March 1954"; by amending Item 19c of his 15 February 1966
separation document by deleting the current entry and replacing it with the
entry "16 February 1960”; and by providing him corrected separation
documents that reflects these changes.
____James C. Hise______
CHAIRPERSON
INDEX
|CASE ID |AR20040010946 |
|SUFFIX | |
|RECON |NA |
|DATE BOARDED |2005/09/20 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |30 AUGUST 1970 |
|DISCHARGE AUTHORITY |AR 635-200 |
|DISCHARGE REASON |RETIREMENT |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |110.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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