IN THE CASE OF:
BOARD DATE: 19 JUNE 2008
DOCKET NUMBER: AR20080004604
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 his separation document (DD Form
214) be corrected to show his correct discharge date and total active service.
2. The applicant states, in effect, that his length of service and discharge date are incorrect on his DD Form 214. He states that his total period of active service equals 4 years and 8 months, and his discharge date should be
1 November 1968 not 2 November 1965.
3. The applicant provides a copy of his DD Form 214 for the period ending on
2 November 1965.
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's military personnel record shows he enlisted in the Regular Army on 24 March 1964 for 3 years. He completed the necessary training and was awarded the military occupational specialty (MOS) 91B (Medical Specialist).
3. He served his initial tour of active duty as a Medical Aidman until he was honorably separated on 2 November 1965 after serving 1 year, 7 months, and
9 days of Net Active Service This Period. A DD Form 214 was prepared.
4. He immediately reenlisted on 3 November 1965 for 3 years and served continuously as a Medical Corpsman until he was honorably separated from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement), St. Louis, Missouri on 1 November 1968. He completed
4 years, 7 months, and 8 days of Total Active Service.
5. The applicant's Official Military personnel File (OMPF), contains a copy of his DD Form 214 for the period ending 1 November 1968. Item 11d (Effective Date) of discharge of this DD Form 214 shows the entry "1 Nov 68."
6. Item 22b (Total Active Service) of his DD Form 214 for the period ending
1 November 1968 shows the entry "4 years, 7 months, and 8 days."
7. The DD Form 214 that the applicant submitted for the period ending
2 November 1965 covers the applicant's initial tour of service before he reenlisted.
8. Army Regulation 635-5 (Separation Documents), provides that prior to
1 October 1979, DD Forms 214 were issued every time an enlisted Soldier reenlisted. These DD Forms 214 were to reflect the Date of Entry as the date of enlistment or reenlistment and the Net Service This Period is to be the amount of service served during the enlistment or reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his correct discharge date and total active service.
2. The evidence of record shows the applicant entered active duty on 24 March 1964, and he was honorably separated for immediate reenlistment on
2 November 1965. A DD Form 214 was prepared.
3. On 3 November 1965, the applicant reenlisted and he served until he was honorably separated on 1 November 1968 and transferred to the United States Army Reserve. This DD Form 214 shows he had completed 4 years, 7 months, and 8 days of total service.
4. Since the applicant has been issued DD Forms 214 for all of his active duty service, there is no basis for granting his request.
5. The applicant may not have a copy of his DD Form 214 for the period ending 1 November 1968, which shows the correct discharge date and total active service. A copy of this document will be provided to the applicant along with these proceedings.
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) AR20080004604
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ABCMR Record of Proceedings (cont) AR20080004604
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