IN THE CASE OF:	  

		BOARD DATE:	  24 September 2008

		DOCKET NUMBER:  AR20080010502 


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 item 22a(1) (Net Service This Period),  of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected to show the entry "0 4 10" (4 months and 10 days) instead of the entry "0 0 10" (10 days) and that item 22b (Total Active Service) be corrected to show the entry "0 6 2" (6 months and 2 days) instead of the entry   "0 0 10" (10 days).

2.  The applicant states, in effect, that item 22a (1) and item 22b, of his DD Form 214, are incorrect.  He states that presently his total active service shows 10 days but he performed 4 months and 10 days of net service and 1 month and 22 days of other service giving him a total of 6 months and 2 days of total active service.  He believes his record is incorrect and should read 6 months and 2 days of total active service.

3.  The applicant provides a copy of his DD Form 214 and a copy of a letter from the Office of the Deputy Chief of Staff (ODCS), G1, Civilian Human Resources Agency, Army Benefits Center (ABC) – Civilian, dated 8 May 2008, with supporting documents, in support of his request. 

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 record shows he enlisted in the California Army National Guard (CAARNG) on 10 June 1971.  He was ordered to initial active duty for training (IADT) on 2 August 1971.  He was trained as a Wheel Vehicle Repairman, in military occupational specialty (MOS), 63B.  He was released from IADT on 11 December 1971.  He had completed 4 months and 10 days of active duty service.  He was returned to the CAARNG on 12 December 1971 to complete his service obligation.

3.  Item 22a(1) (Net Service This Period), of his DD Form 214, shows the entry  "0 0 10" (10 days); item 22a(2) (Other Service) shows the entry "0 1 22 (1 month and 22 days); item 22a(3) (Total [Line 1 plus Line 2]) shows the entry "0 6 2" (6 months and 2 days); and item 22b (Total Active Service) shows the entry       "0 0 10" (10 days).

4.  The applicant provided a copy of a letter from the ODCS, G1, Civilian Human Resources Agency, ABC-Civilian, dated 8 May 2008, with supporting documents, pertaining to his retirement benefits. 

5.  Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that item 22a(1) will be completed by entering the total service completed in item 10c (Dated Inducted) or 17c (Date of Entry) and 11d (Effective Date) of the DD Form 214, as represented by continental and foreign service, less lost time under Title 10, United States Code (USC), Section 972, and time lost subsequent to normal expiration of term of service.  

6.  Item 22a(2) will be completed by entering all prior service excluding any service shown in item 22a(1).  This includes any period shown in the USAR (United States Army Reserve) or ARNGUS (Army National Guard of the United States) as a reservist not on active duty during current enlistment. 

7.  Item 22a(3) will be completed to show the total service of item 22a(1) plus item 22a(2) (Other Service).  


8.  Item 22b (Total Active Service) will be completed to show the total service the individual has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the ARNGUS (Army National Guard of the United States) or USAR (United States Army Reserve) not on active duty, and less time lost under Title 10, USC, Section 972.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant enlisted in the CAARNG on 10 June 1971 and was ordered to active duty on 2 August 1971.  His period of service from 10 June 1971 to 1 August 1971 equated to 1 month and 22 days of inactive service which is shown in item 22a (2), of his DD Form 214.

2.  The applicant's period of service for IADT from 2 August 1971 to 11 December 1971, equated to 4 months and 10 days.  However, item 22a(1), of his DD Form 214 only shows 10 days which is incorrect.  Therefore, he is entitled to correction of item 22a(1) (Net Service This Period), of his DD Form 214, to show the entry "0 4 10" (4 months and 10 days).  

3.  The applicant's net service this period, of 4 months and 10 days, added to his other service, of 1 months  and 22 days, equates to 6 months and 2 days, which is shown in item 22a(3), of his DD Form 214.  

4.  A review of the applicant's DD Form 214 in item 22b shows his total active service as 10 days, which is incorrect.  The evidence clearly shows that he completed 4 months and 10 days of total active service.  Therefore, he is entitled to correction of item 22b (Total Active Service), of his DD Form 214, to show the entry "0 4 10" (4 months and 10 days).

5.  The applicant claims that, in effect, that item 22b, of his DD Form 214, should show he completed 6 months and 2 days of total active service.  However, the evidence clearly shows that he only completed 4 months and 10 days of active duty service.  It is apparent that the applicant thinks that his total combined total active service is 6 months and 2 days.  He has presumed that his other service of 1 month and 22 days, which was inactive service, added to his 4 months and 10 days of active service, would be his total active service which is incorrect.  Therefore, he is not entitled to correction of item 22b (Total Active Service), of his DD Form 214, to show the entry "0 6 2" (6 months and 2 days).




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

   a.  showing the entry, "0 4 10," in item 22a(1) (Net Service This Period), of his DD Form 214; and

	b.  showing the entry "0 4 10," in item 22b (Total Active Service), of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 22b (Total Active Service), of his DD Form 214, to show the entry "0 6 2."



      _________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)                                         AR20080010502



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ABCMR Record of Proceedings (cont)                                         AR20080010502



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