RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 April 2008
DOCKET NUMBER: AR20070018556
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 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 30 November 1995 be corrected to show 3 January 1980; and that item 12d (Total Prior Active Service) on his DD Form 214 be corrected to show 4 years, 2 months, and 5 days.
2. The applicant states that item 12a on this DD Form 214 should read
3 January 1980 with no break in service until his retirement and that item 12d should show his prior active service in the Navy.
3. The applicant provides DD Forms 214 for the periods ending 30 November 1995 and 12 February 1960; a Personnel Qualification Record; enlistment/reenlistment contracts; service personnel records; and numerous orders.
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 served in the U.S. Navy from 8 December 1955 through
12 February 1960.
3. The applicants DD Form 214 (Report of Transfer or Discharge) for the period ending 12 February 1960 shows he completed 4 years, 2 months, and 5 days of creditable active service.
4. The applicant enlisted in the Army National Guard on 15 October 1979 and entered active duty on 3 January 1980 in an Active Guard Reserve status. He remained on active duty until he retired on 30 November 1995 in the rank of sergeant first class.
5. Item 12a on the applicants DD Form 214 for the period ending 30 November 1995 shows the entry, 1987 10 15. Item 12c (Net Active Service This Period) on this DD Form 214 shows the entry, 0008 01 16. Item 12d on this DD Form 214 shows the entry, 0011 11 16.
6. The applicants Army National Guard Annual Statement, prepared on
8 November 1994, shows he earned active duty retirement points each day during the period 3 January 1980 through 14 October 1987.
7. A DA Form 2339 (Application for Voluntary Retirement), dated 18 April 1995, shows the applicant served in the AGR from 3 January 1980 through
30 November 1995 completing 15 years, 10 months, and 28 days of active Federal service.
DISCUSSION AND CONCLUSIONS:
1. The DA Form 2339 which shows the applicant served in the AGR from
3 January 1980 through 30 November 1995 and completed 15 years, 10 months, and 28 days of active Federal service is accepted as sufficient evidence on which to amend items 12a and 12c on the applicants DD Form 214 for the period ending 30 November 1995.
2. The applicants DD Form 214 for the period ending 12 February 1960 which shows he completed 4 years, 2 months, and 5 days of active service in the U.S. Navy is accepted as sufficient evidence on which to amend item 12d on his DD Form 214 for the period ending 30 November 1995.
BOARD VOTE:
x____ ___x__ __x___ 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:
a. deleting the entries in items 12a, 12c, and 12d on his DD Form 214 for the period ending 30 November 1995;
b. adding the entry, 1980 01 03 in item 12a on this DD Form 214;
c. adding the entry, 0015 10 28 in item 12c on this DD Form 214; and
d. adding the entry, 0004 02 05 in item 12d on this DD Form 214.
__ x___________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070018556
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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