IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20080000593 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that Item 12a (Date Entered Active Duty This Period) of his 30 April 1985 separation document (DD Form 214) be corrected to show he entered active duty on 7 September 1962.  

2.  The applicant states, in effect, that the entry date of 19 August 1974, currently entered in Item 12a of his DD Form 214 is incorrect and should instead read 
7 September 1962.  

3.  The applicant provides the following documents in support of her application:  DD Forms 214; Discharge Certificates; Certificate of Training; and Enlisted Qualification Record (DA Form 20).

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 he served on active duty in the Regular Army (RA) for 3 years from 8 June 1957 through 9 June 1960, at which time he was honorably separated.  It further shows that on 15 October 1961, while serving in the Army National Guard (ARNG), he was ordered to active duty under a Presidential order, and that he served on active duty for 10 months and 22 days until being honorably discharged for the purpose of enlisting in the RA on 
6 September 1962. 

3.  The applicant's record contains an Enlistment Record – Armed Forces of the United States (DD Form 4) that show he enlisted in RA for 6 years on 
7 September 1962.  He served until 6 September 1968, at which time he was honorably discharged for the purpose of immediate reenlistment.  On 
7 September 1968, he reenlisted in the RA for 6 years, and he served until being honorably discharged for the purpose of immediate reenlistment on 18 August 1974.  On 19 August 1974, he reenlisted for 6 years, and served until being honorably released from active duty (REFRAD) for retirement on 30 April 1985.  

4.  The DD Form 214 the applicant was issued on 30 April 1985, shows he entered active duty on that period of service on 19 August 1974, in Item 12a.  Item 12c (Net Service This Period) shows he completed 10 years, 8 months, 
and 12 days during the period covered by the separation document (19 August 1974- 30 April 1985) and Item 12d (Total Prior Active Service) shows he completed a total of 13 years, 7 months, and 6 days of prior active military service, for a total of 24 years and 12 days of active military service.  The applicant authenticated this document with his signature on the date of his REFRAD for retirement.  

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added).  The regulation states, in pertinent part, that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It makes no provisions for consolidating DD Forms 214 issued for separate periods of active duty service.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry date in Item 12a of his 30 April 1985 DD Form 214 should show that he entered active duty in 1962 was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By regulation, Item 12a of the DD Form 214 in question should properly show the beginning date of the continuous period of active duty for which a 
DD Form 214 was not previously issued.  The evidence of record confirms the applicant was issued a DD Forms 214 for the following three periods of active duty service he completed:  15 October 1961 through 6 September 1962; 
7 September 1968 through 18 August 1974; and 19 August 1974 through 
30 April 1985. 

3.  The applicant's record further shows that he entered his last continuous period of active duty service when he reenlisted on 19 August 1974, which is the date properly entered in Item 12a of his 30 April 1985 DD Form 214.  As a result, the applicant's active duty service is properly documented in the three separation documents he was issued on 6 September 1962, 18 August 1974, and 30 April 1985.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x ____  ___x____  ___x____  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.




       _   ___x____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080000593



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ABCMR Record of Proceedings (cont)                                         AR20080000593



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