IN THE CASE OF:
BOARD DATE: 17 September 2008
DOCKET NUMBER: AR20080007267
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 Certificate of Release or Discharge from Active Duty (DD Form 214) to show that he entered active duty on
18 March 1965.
2. The applicant states that his date of enlistment is wrong and needs to be corrected.
3. The applicant provides a copy of his DD Form 214 effective 14 February 1977.
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. On 30 March 1965, the applicant signed an Enlistment Record Armed Forces of the United States (DD Form 4). In this form, he stated that he was voluntarily enlisting in the Regular Army on 30 March 1965 for a period 3 years. He also confirmed this enlistment by completing and signing his confirmation of enlistment on the same day.
3. On 30 March 1965, the applicant entered the Regular Army, He subsequently completed his initial training and was awarded military occupational specialty (MOS) 16B (Hercules Missile Crewman).
4. On 14 April 1967, the applicant was discharged for the purpose of immediate reenlistment. He had attained the rank of specialist four, pay grade E-4, and had completed 2 years and 15 days of active duty service.
5. Item 22 (Statement of Service) of the applicants DD Form 214 effective
14 April 1967 shows that he entered active duty on 30 March 1965.
6. On 15 April 1967, the applicant enlisted in the Regular Army for a period of
6 years, beginning in the rank of specialist four, pay grade E-4. On 14 February 1974, he was discharged for the purpose of immediate reenlistment. He had attained the rank of staff sergeant, pay grade E-6, and had completed 6 years and 10 months of creditable active duty during this period. Item 22 (Statement of Service) of his DD Form 214 effective 14 February 1974 shows that he had
2 years and 15 days of prior active duty.
7. On 15 February 1974, the applicant reenlisted in the Regular Army, this time for a period of 3 years. On 14 February 1977, the applicant was discharged due to completion of required service. Item 18 (Record of Service) of his DD Form 214, shows that he had completed 3 years of creditable active duty during this period and had a total of 11 years, 10 months, and 15 days of creditable active duty service. His characterization of service was honorable.
8. Army Regulation 635-5 (Separation Documents), as in effect at the various times, provided detailed instructions for completing separation documents, including the DD Form 214. Item 17c (Date of Entry) and Item 15 (Date Entered Active Duty this Period) provides for the date entered on active duty. The source document for this date is the Soldiers DD Form 4.
DISCUSSION AND CONCLUSIONS:
The evidence of record clearly shows that the applicant enlisted and entered active duty on 30 March 1965 and remained on active duty through two subsequent reenlistments until 14 February 1977. Furthermore, the applicants DD Form 4 and DD Form 214 are in agreement with regard to his initial date of enlistment. Therefore, his request should be denied.
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) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080007267
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