IN THE CASE OF:
BOARD DATE: 13 November 2008
DOCKET NUMBER: AR20080005170
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, correction of the dates of service shown on his undated DD Form 214 (Report of Transfer or Discharge).
2. The applicant states the actual period of service was from 19 April 1968 until
5 March 1975. He states "I originally submitted my request in 1978. I never received a corrected copy."
3. The applicant provides no substantiating documents.
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 states that he originally submitted his request in 1978 but never received a corrected DD Form 214. However, there is no record of a prior case that was received or processed through the ABCMR. Therefore, this issue will not be discussed further in these proceedings.
3. The applicant's existing record is incomplete.
4. The available personnel record documents consist primarily of the following:
a. A DD Form 214 that shows that applicant initially enlisted and entered active duty on 19 April 1968 for a period of 3 years. He was promoted to pay grade E-5 on 4 April 1969, served for 11 months and 21 days, and was discharged for the purpose of immediate reenlistment. Item 11d (Effective Date [of separation]) is blank. This is the only available DD Form 214 in the applicant's record;
b. A DD Form 4 (Enlistment Contract) that shows the applicant reenlisted on 10 April 1969 for a period of 4 years. It also shows in Item 49 (Prior Service) the entry "Date and Type of Discharge: 9 April 1969, Honorable";
c. Headquarters, United States Amy Europe and Seventh Army General Order Number 2195, dated 6 May 1975 which awarded the applicant the second award of the Good Conduct Medal for the period from 30 November 1971 through 29 November 1974; and
d. Various Enlisted Efficiency Reports covering the applicant's service from February 1970 through March 1975.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes a standardized policy for the preparation of the DD Form 214. Prior to 1 October 1979, a DD Form 214 was required to be prepared for enlisted members who were discharged for immediate reenlistment. In pertinent part, the regulation states a DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, a statement of service or a transcript of military record may be prepared.
DISCUSSION AND CONCLUSIONS:
1. The applicant's statement indicates that a DD Form 214 was issued on
5 March 1975. However, it is not currently available to the Board; therefore, it could not possibly be corrected as requested.
2. Even if the applicant's second DD Form 214 was available for correction, it would not include the period of time from 19 April 1968 through 9 April 1969, which are the actual dates covered by his first period service. At that time, separate DD Forms 214 were issued for each enlistment period. Issuance of a consolidated DD Form 214 is not authorized.
3. Regrettably, without corroborating evidence of record, such as separation orders, showing his exact date of separation from his second period of service, a statement of service or a transcript of military record cannot be prepared in the absence of his previously issued DD Form 214 for this period of active service.
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) AR20080005170
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ABCMR Record of Proceedings (cont) AR20080005170
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