RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070017954
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 March 1992 be corrected to show
6 February 1975.
2. The applicant states, in effect, that item 18 on the continuation sheet of a DD Form 1879 (Department of Defense Request for Personnel Security Investigation) shows his active duty date is 6 February 1975.
3. The applicant provides a Certificate of Retirement; a DD Form 214 for the period ending 26 March 1992; a DA Form 4188 (Military Personnel Office/Finance Office Verification of MPRJ and PFR); a Leave and Earnings Statement for the period covering 1-30 April 1990; and a continuation sheet of a DD Form 1879.
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 Army National Guard on 19 September 1974. His National Guard Bureau (NGB) Form 23 (Army National Guard Retirement Credits Record) shows that he served on active duty from 6 February 1975 to
9 October 1975.
3. The available records do not contain a DD Form 214 covering the period
6 February 1975 to 9 October 1975.
4. The applicant enlisted in the Regular Army on 29 May 1979 and remained on active duty through continuous reenlistments until he was released from active duty on 26 March 1992 and placed on the Temporary Disability Retired List (TDRL) the following day. On 28 January 1997, the applicant was removed from the TDRL and permanently retired.
5. Item 12a on the applicants DD Form 214 for the period ending 26 March 1992 shows the entry, 79 05 29.
6. In support of his claim, the applicant provided a continuation sheet to a DD Form 1879. Item 18 on this document shows the applicant served on active duty for training from 6 February 1975 to 9 October 1975. It also states, (see DD Form 214 dtd [dated] 09 Oct 75.)
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served on active duty from
6 February 1975 to 9 October 1975. The applicant provided a continuation sheet to a DD Form 1879 which states see DD Form 214 dtd 09 Oct 75. Although there is no DD Form 214 for this period on file in his record, administrative regularity is presumed. However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served in the Army National Guard on active duty from 6 February 1975 through 9 October 1975.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
PM_____ __JH____ __KJ____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a Transcript of Military Record to show he served in the Army National Guard on active duty from 6 February 1975 through 9 October 1975.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 12a on his DD Form 214 for the period 26 March 1992.
___ PM _____
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070017954
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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