RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 December 2007
DOCKET NUMBER: AR20070011396
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
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Jeffrey C. Redmann
Chairperson
Mr. John G. Heck
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 correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) issued on 30 September 1993 to show his date of entry on active duty as 13 September 1971.
2. The applicant states, in effect, that he entered the United States Army on
13 September 1971 and served without any break until his retirement for length of service on 30 September 1993. However, he contends that his DD Form 214 incorrectly shows his date of entry as 29 December 1976. He further states that when this error is corrected, his foreign service should also change.
3. The applicant provides no additional documentation.
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. On 13 September 1971, the applicant enlisted in the Regular Army for
3 years. He completed his initial training and was awarded military occupational specialty 52B1O (Power Generator Equipment Operator/Maintainer).
3. On 22 March 1972, the applicant was assigned overseas for duty in the Republic of Korea. He completed this 12-month tour of duty on 14 March 1973.
4. On 13 September 1974, the applicant was assigned for duty in Okinawa, Japan. His enlistment of 13 September 1971 was extended for an additional
15 months, ending on 28 March 1977.
5. On 29 December 1976, the applicant reenlisted for 6 years. The DD Form 214, issued on 28 December 1976, for the period from 13 September 1971 to
28 December 1976 is not available for review. The length of this period of service was 5 years, 3 months, and 16 days.
6. The applicant served through a series of reenlistments, without a break, until his retirement for length of service on 30 September 1993. He had attained the rank of sergeant first class, pay grade E7, and had completed 22 years and
18 days of creditable active duty service.
7. Item 12 (Record of Service) of the applicants DD Form 214, issued on
30 September 1993, shows that his active duty service during this period began on 29 December 1976 and was terminated with his retirement for length of service on 30 September 1993. It also shows that he had prior active service for a period of 5 years, 3 months, and 16 days; and 2 years, 10 months, and 13 days of foreign service.
8. A review of the applicants records shows that during his period of service from 29 December 1976 to 30 September 1993, he served overseas for approximately 4 months and 13 days in Okinawa; 12 months and 16 days in the Republic of Korea; and 6 months and 13 days in Saudi Arabia, totaling 1 year,
11 months, and 12 days. This is approximately 11 months less than the entry on his DD Form 214.
9. Army Regulation 635-5 (Separation Documents), provided, at the time of the applicants reenlistment on 29 December 1976, for the issuance of a DD Form 214 upon immediate reenlistment. Subsequently, this regulatory requirement was changed to provide a DD Form 214 only when a break in service occurred.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant enlisted in the United States Army on 13 September 1971 and remained on active duty until his retirement for length of service on 30 September 1993.
2. The applicants records do not contain a copy of the DD Form 214 that should have been issued on 28 December 1976. This form should show his active duty service from 13 September 1971 to 28 December 1976 and his tour of duty in the Republic of Korea and most of his service in Okinawa, Japan.
3. The applicants DD Form 214, issued on 30 September 1993 shows his active duty service from 29 December 1976 to 30 September 1993 and accounts for his prior active duty service of 5 years, 3 months, and 16 days. It also shows
2 years, 10 months and 13 days of foreign service.
4. The available evidence is insufficient to determine the accuracy of the foreign service entry on the applicants DD Form 214 issued on 30 September 1993.
5. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_QAS ___ __JCR __ __JGH DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
__ Jeffrey C. Redmann____
CHAIRPERSON
INDEX
CASE ID
AR2007001396
SUFFIX
RECON
DATE BOARDED
20071213
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
110.0100
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3.
4.
5.
6.
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