RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  3 April 2007
	DOCKET NUMBER:  AR20060011985 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. John Infante

Chairperson

Ms. Susan A. Powers

Member

Mr. Qawiy A. Sabree

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, correction of his discharge document to include an additional 6 months of active service.

2.  The applicant states, in effect, that he served 6 months in an Active Duty for Training (ACDUTRA) status; however, he was not credited for this active duty service when he retired from active duty on 31 December 1982.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of
9 September 1962; NGB Form 22 (National Guard Bureau Report of Separation and Record of Service in the Army National Guard of Indiana and as a Reserve of the Army Honorable Discharge), with an effective date of 25 November 1962; and DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 December 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 December 1982, the date he retired from active duty.  The applications submitted in this case are dated 11 August 2006 and 23 August 2006.

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 service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 2 January 1962.  This document shows that the applicant enlisted for a period of 3 years in the Army National Guard (ARNG) of Indiana (IN) on 2 January 1962.

4.  The applicant's military service records contain an IND AGO Form 113 (Indiana National Guard - Statement of Service).  This document shows, in pertinent part, that the applicant served in the IN ARNG from 2 January 1962 to 25 November 1962 and during this period he was in an ACDUTRA status from 11 March 1962 to 9 September 1962.
5.  The applicant's military service records contain a DD Form 214, with an effective date of 9 September 1962.  This document shows, in pertinent part, that the applicant was ordered to ACDUTRA on 11 March 1962 and was released to the IN ARNG on 9 September 1962.  Item 12 (Statement of Service), in pertinent part, shows that he completed 5 months and 29 days net service during this period and that his total active service was 5 months and 29 days.

6.  The applicant's military service records contain a NGB Form 22, with an effective date of 25 November 1962.  This document shows that the applicant enlisted in the IN ARNG on 2 January 1962, completed 6 months ACDUTRA from 11 March 1962 to 10 September 1962, and was honorably discharged on 25 November 1962.  This document also shows in both Item 26 (Length This Service) and Item 27 (Total Service for Pay Purposes) that he completed
0 years, 10 months, and 24 days.

7.  The applicant's military service records contain a DD Form 4, dated
26 November 1962.  This document shows, in pertinent part, that the applicant enlisted in the Regular Army (RA) for a period of 3 years on 26 November 1962.  Item 32 (Prior Service) shows, in pertinent part, that the applicant served in a federal status with the U.S. ARNG from 11 March 1962 to 9 September 1962.  Item 35 (Total Service) shows that the applicant completed 0 years, 5 months, and 29 days active service.  The block for Inactive service contains the entry "Service Not Verified."

8.  The applicant's military service records contain four additional DD Forms 4, dated 29 June 1965, 28 May 1968, 20 March 1974, and 19 December 1980, along with a DA Form 1695 (Oath of Extension of Enlistment), dated
13 December 1977, that substantiates the applicant contracted to serve on active duty continuously from 26 November 1962 through 31 December 1982.
	
9.  The applicant's military service records contain 3 DD Forms 214, with effective dates of 28 June 1965, 27 May 1968, and 19 March 1974.  These documents were issued on each of the dates the applicant was discharged for the purpose of his immediate reenlistment in the RA.

10.  The applicant's military service records are absent evidence of any non-pay period or time lost during the period 2 January 1962 through 31 December 1982.

11.  The applicant's military service records contain a DA Form 2339 (Application for Voluntary Retirement), dated in July 1982.  This document was prepared, in pertinent part, to document the applicant's military service based on his desired retirement date.  This document also shows that the applicant was credited with 5 months and 29 days enlisted ARNG inactive (emphasis added) service.  This document further shows that the applicant was credited with 20 years, 0 months, and 13 days enlisted RA active service and 20 years, 6 months, and 12 days total service for basic pay purposes.

12.  The applicant's military service records contain a DA Form 3713 (Data for Retired Pay), dated 11 August 1982.  This document was prepared, in pertinent part, to document the applicant's years of service credited for retirement or retired pay.  This document also shows that the applicant was credited with
20 years, 0 months, and 13 days for voluntary retirement and 20 years,
6 months, and 12 days for basic pay purposes.

13.  The applicant's military service records contain a DD Form 214 that shows the applicant was honorably retired from the RA on 31 December 1982.  Item
12 (Record of Service - Years, Months, Days) of the DD Form 214 contains the following entries:  Block a (Date Entered AD (Active Duty) This Period)
"62 12 18"; Block b (Separation Date This Period)  "82 12 31"; Block c (Net Active Service This Period) "20 00 13"; Block d (Total Prior Active Service)
"00 00 00"; and Block e (Total Prior Inactive Service)  "00 05 29".

14.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's discharge, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Qualification Record, or any other document authorized for filing in the Official Military Personnel File (OMPF).

15.  Army Regulation 635-5, paragraph 1-4 (DD Form 214, Certificate of Release or Discharge from Active Duty), subparagraph b(5), states that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA.

16.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  The instructions for completing Item 12 (Record of Service) are as follows:  Block a (Date Entered AD This Period) - enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5); Block b (Separation Date This Period) self-explanatory; Block c (Net Active Service This Period), Block d (Total Prior Active Service), and Block e (Total Prior Inactive Service) - all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service.  The instructions for Item 18 (Remarks) of the DD Form 214 state, in pertinent part, to enter a list of enlistment periods for which a DD Form 214 was not (emphasis added) issued under the provisions of paragraph 1-4b(5).  For example:  Immediate reenlistments this period:  761210-791001; 791002-821001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to accurately reflect his total active duty service.  The applicant provides evidence to substantiate his claim that his DD Form 214, dated
31 December 1982, does not properly show his active service from his period of ACDUTRA.  However, the applicant's claim has resulted in the discovery that the DD Form 214 also does not accurately or properly document his total military service.

2.  The evidence of record shows that the applicant enlisted and served in the IN ARNG from 2 January 1962 to 25 November 1962 and during this period he was in an ACDUTRA status from 11 March 1962 to 9 September 1962.  The evidence of record also shows that this IN ARNG service is accurately recorded
(i.e., 10 months and 24 days) on his NGB Form 22, dated 25 November 1962.  The evidence of record further shows that this ACDUTRA is accurately recorded (i.e., 5 months and 29 days) on his DD Form 214, with an effective date of
9 September 1962.

3.  The evidence of record shows that the applicant enlisted in the RA on
26 November 1962 and served on active duty continuously through 31 December 1982.  The evidence of record also shows that the applicant reenlisted in the RA on 4 occasions (i.e., 29 June 1965, 28 May 1968, 20 March 1974, and
19 December 1980) and received 3 DD Forms 214, dated 28 June 1965, 27 May 1968, and 19 March 1974 during this period.  The evidence of record further shows that the applicant's DD Form 214, dated 31 December 1982, shows that he entered active duty this period on 18 December 1962, which is incorrect.  As previously mentioned, the date the applicant originally enlisted in the RA was
26 November 1962.  However, the evidence of record also shows on the date prior to his RA reenlistments, the applicant was issued a DD Form 214 on each of those occasions, with the last DD Form 214, dated 19 March 1974.  Thus, the applicant's final DD Form 214 that was issued for the purpose of his retirement should show the date he entered active duty this period as 20 March 1974.  As a result, the entries in Item 12, blocks c, d, and e are also incorrect and do not accurately document the applicant's military service.

4.  In view of the foregoing, the applicant's DD Form 214 should be corrected to show he entered active duty this period on 20 March 1974.  (The separation date this period is correct and remains 31 December 1982.)  The net active service this period then equates to 8 years, 9 months, and 11 days; the total prior
active service then equates to 11 years, 9 months, and 23 days; and the total prior inactive service equates to 4 months and 25 days.  As a result of these corrections the applicant is credited with a total of 20 years, 7 months, and
4 days for voluntary retirement and 20 years, 11 months, and 29 days for basic pay.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 December 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 December 1985.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___JI ___  ___SAP_  ___QAS _  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing the following corrections to the applicant's DD Form 214:

	a.  Item 12a.  Date Entered Active Duty This Period
			 Delete:  "62  12  18"
			 Add:      "74  03  20";

	b.  Item 12c.  Net Active Service This Period
			 Delete:  "20  00  13"
			 Add:	    "08  09  11";

	c.  Item 12d.  Total Prior Active Service
			 Delete:  "00  00  00"
			 Add:      "11  09  23";

	d.  Item 12e.	Total Prior Inactive Service
			 Delete:  "00  05  29"
			 Add:      "00  04  25"; and

	e.  Item 18.	Remarks
			Add: "Immediate Reenlistment this period:  740320-801218."

2.  As a result of the foregoing corrections, the Defense Finance and Accounting Service shall be notified of the Board's determination that the applicant is now credited with a total of 20 years, 7 months, and 4 days for voluntary retirement and 20 years, 11 months, and 29 days for basic pay and:

     a.  conduct a review of the applicant's active duty and retired pay accounts, which considers this additional active duty and length of creditable service;

     b.  notify the applicant of the results of the review concerning his active duty and retired pay accounts;

     c.  provide him all active duty back pay and allowances (less any withholdings and/or deductions) due through 31 December 1982; and

     d.  provide him all retired back pay due from 1 January 1983 through the present (less any withholdings and/or deductions), factoring in his additional creditable active duty service and length of service for pay, minus any retired pay he received during this period.




______John Infante______
          CHAIRPERSON




INDEX

CASE ID
AR20060011985
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/04/03
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19821231
DISCHARGE AUTHORITY
AR 635-200, Chapter 12
DISCHARGE REASON
Retirement with Overseas Separation
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.