RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  6 May 2008
	DOCKET NUMBER:  AR20070018144 


	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, correction of Item 15 (Date Entered Active Duty This Period) of his 25 September 1975 separation document (DD Form 214) to show he entered that period of active duty service in 1972 vice 1973, as is currently shown.  

2.  The applicant states, in effect, that he entered active duty on the period covered by the DD Form 214 in question in 1972, and not in 1973, as is currently listed.  He further indicates that this error has also resulted in his receiving retirement pay being based on an incorrect calculation.  

3.  The applicant provides the following documents in support of his application:  Reenlistment Orders, dated 3 October 1972; and DD Forms 214, dated 6 November 1971, 25 September 1975, 14 June 1984, and 31 July 1996.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he initially enlisted in the Regular Army and entered active duty in an enlisted status on 28 November 1969.  He served on active duty for 1 year, 11 months, and 8 days until being honorably released from active duty (REFRAD) and transferred to the United States Army Reserve (USAR) on 6 November 1971.  

3.  The applicant served in an inactive status in the USAR until 3 October 1972, at which time he reenlisted in the RA and reentered active duty in an enlisted status.  He served for 2 years, 11 months, and 23 days until being honorably REFRAD and transferred to the USAR on 25 September 1975.  


4.  The DD Form 214 the applicant was issued upon his REFRAD on 
25 September 1975, time erroneously shows the year of his entry on active duty for this period as 1973, instead of 1972, in Item 15; and incorrectly shows he completed 1 year, 11 months and 23 days, instead of 2 years, 11 months, and 
23 days of active duty during the period covered by the separation document in Item 18a (Net Active Service This Period).  

5.  The applicant served in an inactive USAR enlisted status from 26 September 1975 through 14 November 1980, at which time he reenlisted in the RA and reentered active duty in an enlisted status.  He served on active duty for 3 years, 7 months, and 21 days until being honorably REFRAD on 14 June 1984. 

6.  On 15 June 1984, the applicant was appointed a Warrant Officer One (WO1) in the USAR, and he served on active duty in this status for 2 months and 
21 days from 29 July through 19 October 1984. 

7.  On 10 June 1985, the applicant entered active duty in the Active Guard Reserve (AGR) program as a Chief Warrant Officer Two (CW2).  He was promoted to CW3 on 15 June 1990, and on 1 June 1996, he was promoted to CW4.  

8.  A Computation of Active Federal Service (DARP Form 2610-E), dated 30 July 1996, which was completed on the applicant in conjunction with his retirement processing shows that he completed a total of 20 years, 1 month and 13 days of active military service.  This total included the following active duty periods he completed in an enlisted status in the Regular Army (RA):  1 year, 11 months, and 9 days from 28 November 1969 through 6 November 1971; 2 years, 
11 months, and 23 days from 3 October 1972 through 25 September 1975; and 
3 years, 7 months, and 1 day from 14 November 1980 through 14 June 1984.  It also includes the 2 month and 21 day period of active duty service he completed as a USAR WO1 from 29 July through 19 October 1984, and the 11 years, 
1 month, and 21 days of active military service he completed as a warrant officer in the AGR program from 10 June 1985 through 31 July 1996. 

9.  United States Army Reserve Personnel Center (ARPERSCEN) Orders Number P-06-010095, dated 21 June 1995, directed the applicant's REFRAD for retirement on 31 July 1996, and his placement on the Retired List, in the rank of CW4, on 1 August 1996.  These orders confirm the applicant's retired pay percentage was based on his completion of 20 years, 1 month and 13 days of active military service, and that his retired basic pay rate was based on his completion of a total of 26 years, 8 months, and 3 days of military service.  

10.  On 31 July 1996, the applicant was honorably REFRAD, in the rank of CW4, for the purpose of length of service retirement.  The DD Form 214 he was issued confirms he completed a total of 20 years, 1 month, and 3 days of active military service, and a total of 26 years, 8 months, and 3 days of military service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the DD Form 214 he was issued on 
25 September 1975, incorrectly shows that he entered this period of active duty service in 1973, instead of 1972, was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant reenlisted and entered this particular period of active duty service on 3 October 1972, and not 2 October 1973, as is currently entered in Item 15 of the DD Form 214 in question.  Further, the DD Form 214 erroneously shows that he completed only 1 year, 11 months, and 23 days of active military service during the period covered by the DD Form 214, instead of 2 years, 11 months, and 23 days, which is the actual period of active duty service he completed during this enlistment.  As a result, it would be appropriate to amend Item 15 and Item 18 of the DD Form 214 in question accordingly.  

3.  The applicant's contention that the errors on the 1975 DD Form 214 in question resulted in an incorrect calculation of his retired pay was also carefully considered.  However, the evidence of record confirms the applicant's retired pay was correctly based on his completion of 20 years, 1 month, and 13 days of active military service and his completion of a total of 26 years, 8 months, and 3 days of military service, as evidence by the DARP Form 2610-E and retirement orders on file in his OMPF.  As a result, there is an insufficient evidentiary basis for a change to his retired pay computation/calculation and/or to grant this portion of the requested relief.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x ____  ___x____  ___x____  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 amending his 25 September 1975 DD Form 214 as follows:  Item 15 - delete the current entry and replace it with the entry "1972  10  03" and Item 18a - delete the current entry and replace it with the entry "0002  11  23"; and by providing him a correction to the separation document that reflects these changes. 

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 a change or recalculation of his retired pay. 




      ______x________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070018144



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
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