IN THE CASE OF:
BOARD DATE: 9 September 2008
DOCKET NUMBER: AR20080001798
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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his additional time served.
2. The applicant states that his completed time in service was not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 Regular Army on 20 February 1974 for a period of three years. He completed basic combat training at Fort Ord, California and was reassigned to Fort Eustis, Virginia for advanced individual training. He was honorably discharged on 10 June 1974.
3. His DD Form 214 shows he entered active service on 20 February 1974 and was discharged on 10 June 1974 under the provisions of the Trainee Discharge Program.
4. Item 18 (Net Active Service This Period) on the applicant's DD Form 214 for the period ending 10 June 1974 shows he completed 3 months and 21 days of active military service during the period covered by the report. This discharge document does not indicate any periods of prior active service or prior inactive service.
5. The applicants service records contain a DD Form 4 (Enlistment or Reenlistment Agreement) which shows he enlisted in the U.S. Army Reserve (USAR) on 19 July 1977 for a period of three years.
6. The applicants Statement of Service for Retirement Points shows he served in the USAR from 19 July 1977 to 30 November 1977 and served on active duty from 17 October 1977 to 30 November 1977.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In pertinent part it stated that all service shown in 18(a) through 18(f) would be less time lost under Title 10, United States Code, section 972 and time lost subsequent to expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant served on active duty from 20 February 1974 to 10 June 1974 and his DD Form 214 properly reflects this period of 3 months and 21 days of active military service.
2. The evidence of record shows the applicant served in the USAR from 19 July 1977 to 30 November 1977, which includes his active duty from 17 October 1977 to 30 November 1977. This period of service is subsequent to the applicants discharge from the Regular Army on 10 June 1974. By regulation, only active
Army service at the time of release from active duty is recorded on the DD Form 214. Therefore, there is no basis for amending his DD Form 214 to show additional service.
3. There is no evidence available which indicates the applicant served any additional service prior to his discharge on 10 June 1974.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
________xxxx__________
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) AR20080001798
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