IN THE CASE OF:	  

		BOARD DATE:	       18 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007762 


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 Item 18a (Net Active Service This Period) on his DD Form 214 (Report of Separation from Active Duty) to show “3 years and 6 months” instead of “3 years.” 

2.  The applicant states that he enlisted in the Regular Army for a period of 3 years and that he voluntarily extended his enlistment for 6 months.  He further adds that his DD Form 214 reflects the correct dates of entry and separation; however, his net active service covered by the DD Form 214 is incorrect.  

3.  The applicant provides a copy of his DD Form 214, dated 14 March 1974, in support of his application:  

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 records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) for a period of 6 years on 26 May 1970. He subsequently enlisted in the Regular Army for a period of 3 years on 15 September 1970.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).   The highest rank/grade he attained during his military service was specialist five (SP5)/E-5.

3.  The applicant’s records show that upon completion of MOS training, he was assigned to the Headquarters Command, Support District (SUPDIST) Bayern, U.S. Army Europe and Seventh Army, Germany, for the duration of his enlistment.

4.  The applicant’s records show that he extended his initial enlistment by a period of 6 months on 25 July 1973; however, his records do not contain a copy of his 6-month extension.

5.  The applicant’s DA Form 137 (Installation Clearance Record), dated 14 March 1974, shows he out-processed his unit/installation during March 1974.

6.  Headquarter, U.S. Army Europe and Seventh Army, Special Orders Number 58, dated 27 February 1974, shows that the applicant was relieved from active duty and transferred to the USAR Control Group (Reinforcement), effective
14 March 1974.

7.  Item 9d (Effective Date) of the applicant’s DD Form 214 shows the entry
“74  03  14” and Item 15 (Date Entered Active Duty This Period) shows the entry “70  09  15,” indicating that the applicant entered active duty on 15 September 1970 and was released from active duty on 14 March 1974.

8.  Item 18a (Record of Service - Net Active Service This Period) and Item 18c (Total Active Service This Period) of the applicant’s DD Form 214 show the entry “03 00 00,” and Item 18f (Foreign and/or Seas Service This Period) shows the entry “02  00  00.”





9.  There is no indication in the applicant’s records that he had any lost time.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  The information entered on the form should be complete and accurate.  Chapter 2 of this regulation governs the preparation of 
the DD Form 214.  In the version in effect at the time, Item 9d shows the Soldier’s transition date, the effective date of separation, discharge, or release from active duty.  This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government; Item 15 shows the date of entry on active duty; and Item 18 (Record of Service) shows the record of service.  Extreme care is used when completing these blocks since post-service benefits, final pay, retirement credit, and so forth are based on this information.  Item 18a shows the amount of service, computed by subtracting item 15 from 9d. Lost time under 10 USC 972 and non-creditable time after ETS, if any, are deducted. Such time will be identified in block 18.  Item 18c shows the total active service (less lost time) covered by the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant enlisted in the Regular Army on 15 September 1970 and was honorably released from active duty on 14 March 1974.  He completed 3 years and 6 months of creditable military service.  This period is incorrectly shown on separation document.  Therefore, he is entitled to correction of his records to show the correct period of creditable service.  

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all 
Department of the Army records of the individual concerned be corrected by deleting the entries “03  00  00” from Items 18a,18c, and 18e (Total Service for Pay) of the applicant’s DD Form 214 and replacing those entries with the entry “03  06  00.”



      ___        XXX                ___
                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)                                         AR20080007762



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ABCMR Record of Proceedings (cont)                                         AR20080007762



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