RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 January 2008
DOCKET NUMBER: AR20070010226
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. David K. Haasenritter
Chairperson
Mr. James R. Hastie
Member
Mr. Edward E. Montgomery
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1997 be corrected to show he entered active duty on 23 March 1973.
2. The applicant states, in effect, that he entered active duty on 23 March 1973, not on 24 December 1975. His first enlistment was finished on the 24 December 1975 date with a reenlistment.
3. The applicant provides a certificate of training, dated 13 July 1973; an Airborne Course diploma, dated 17 August 1973; a Special Forces Qualification Course diploma, dated 19 December 1973; a copy of his DA Forms 2A and 2-1 (Personnel Qualification Record); a Certificate of Retirement; a Certificate of Appreciation; and a copy of his DD Form 214 for the period ending 31 March 1997.
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 applicant enlisted in the Regular Army on 23 March 1973. He was honorably discharged on 23 December 1975 for immediate reenlistment. A DD Form 214 for this period of service (of poor quality) is available. He reenlisted on 24 December 1975.
3. The applicant was released from active duty on 31 March 1997 and placed on the Retired List on 1 April 1997. Item 12a (Date Entered AD (active duty) this Period) of his DD Form 214 for the period ending 31 March 1997 shows he entered active duty on 24 December 1975.
4. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. Prior to 1 October 1979, a DD Form 214 was required to be prepared for enlisted members who were discharged for immediate reenlistment. In pertinent part, the regulation states a DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, a statement of service or a transcript of military record will be prepared.
DISCUSSION AND CONCLUSIONS:
The applicant was issued a DD Form 214 upon his discharge for immediate reenlistment in December 1975. Although it is of poor quality, by regulation a DD Form 214 cannot be reissued. A copy of this DD Form 214 will be provided to the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__dkh___ __jrh___ __eem___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_David K. Haasenritter
CHAIRPERSON
INDEX
CASE ID
AR20070010226
SUFFIX
RECON
DATE BOARDED
20080125
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
Ms. Mitrano
ISSUES 1.
100.00
2.
3.
4.
5.
6.
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