IN THE CASE OF:
BOARD DATE: 06 JANUARY 2009
DOCKET NUMBER: AR20080010034
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) dated 26 March 1971 be corrected to reflect in block 17c. that he entered active duty on 27 September 1967.
2. The applicant states, in effect, that his DD Form 214 dated 26 March 1971 incorrectly reflects that he entered active duty on 30 June 1968, when in fact he entered active duty on 27 September 1967.
3. The applicant provides a copy of his DD Form 214 dated 26 March 1971 and a copy of his record of assignment from his DA Form 20 (Enlisted Qualification Record).
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 Minneapolis, Minnesota on 27 September 1967 for a period of 3 years. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a field artillery rocket crewman at Fort Sill, Oklahoma, before being transferred to Germany on 23 June 1968.
3. He was advanced to the pay grade of E-4 on 29 June 1968 and was honorably discharged on the same date for the purpose of immediate reenlistment. He was issued a DD Form 214 covering his service from 27 September 1967 to 29 June 1968. He had served 9 months and 3 days of total active service.
4. On 30 June 1968, he reenlisted for a period of 3 years in the pay grade of E-4. He was promoted to the pay grade of E-5 on 1 November 1969 and he remained in Germany until he was transferred to Fort Dix, New Jersey and was honorably released from active duty (REFRAD) on 26 March 1971, for the purpose of attending school (Early Release). He had served 2 years, 8 months and 27 days of active service during his current enlistment for a total of 3 years and 6 months of total active service. His DD Form 214 reflects that he entered active duty on 30 June 1968.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, provided that a DD Form 214 would be issued to cover each enlistment or period of induction. DD Forms 214 were required to be issued upon discharge for immediate reenlistment, REFRAD and discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 does not accurately reflect the date he entered active duty has been noted and found to lack merit.
2. The applicant did enlist on 27 September 1967 and served until he was honorably discharged on 29 June 1968, for the purpose of immediate reenlistment. He was issued a DD Form 214 at the time of his discharge to reflect his service up until that date.
3. He reenlisted on 30 June 1968 and served until he was honorably REFRAD as an early out to attend school on 26 March 1971, at which time he was issued another DD Form 214 to cover that period of service and to reflect the previous 9 months and 3 days he had served during his previous enlistment.
4. Accordingly, his DD Form 214 dated 26 March 1971 was prepared in accordance with the applicable regulations in effect at the time and the applicant has failed to show any basis to correct the DD Form 214 that was issued to him.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _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) AR20080010034
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ABCMR Record of Proceedings (cont) AR20080010034
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