RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 November 2007
DOCKET NUMBER: AR20070009786
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.
Ms. Catherine C. Mitrano
Director
Ms. Phyllis B. Mackey
Analyst
The following members, a quorum, were present:
Mr. John T. Meixell
Chairperson
Ms. Jeanette McCants
Member
Mr. Scott W. Faught
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, to have his DD Form 214, Certificate of Release or Discharge from Active Duty, dated 1 March 1972, corrected to show his actual active duty service time.
2. The applicant states, in effect, that this error is affecting his benefits and retirement eligibility date, to include total years of Federal Government Service, which he needs for retirement and leave purposes as a civilian federal government employee.
3. In support of his request, the applicant provides a copy of his DD Form 214 and a copy of his DA Form 20, Enlisted Qualification Record.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The evidence of record shows the applicant enlisted in the Regular Army on 16 January 1970 for a period of three years. The applicant was scheduled to be released from active duty on 15 January 1973. However, he was honorably released from active duty on 1 March 1972 and transferred to the United States Army Reserve (USAR).
3. Item 22b (Total Active Service) of the applicants DD Form 214 shows that he was credited with 1 year, 1 month and 15 days of active service. Item 11b of his DD Form 214 shows that he was released 22 months early to join a USAR unit.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant entered active duty on 16 January 1970 and was released from active duty on 1 March 1972.
2. The DD Form 214 provided the applicant on his release from active duty shows he only served for a period of 1 year, 1 month and 15 days and was released
22 months early to join a USAR unit.
3. It appears that an administrative error occurred in the calculation of the applicants Total Active Service date and in the calculation of his early release time that were recorded on his DD Form 214.
4. By calculating the time of the applicants entry on active duty and the time that he was released early from active duty, his DD Form 214 should reflect that he served 2 years, 1 month and 15 days of total active duty service and that he was released 10 months and 15 days earlier than his Expiration of Term of Service Date to join a USAR unit. Therefore, Item 22b and Item 11a of the applicants DD Form 214 should be corrected to show the correct calculation of time.
BOARD VOTE:
__J_____ ___JM___ ___SWF_ 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 correcting Item 22b of the applicants DD Form 214 to show his actual Total Active Service time as 2 years, 1 month and 15 days and correcting Item 11a to show his early release time as 10 months and 15 days.
_____John T. Meixell_________
CHAIRPERSON
INDEX
CASE ID
AR20070009786
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20071129
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
ISSUES 1.
110.0100
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6.
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