IN THE CASE OF:
BOARD DATE: 26 March 2009
DOCKET NUMBER: AR20080010708
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 18 October 1978 DD Form 214 (Report of Separation from Active Duty) be corrected to show his correct total period of service.
2. The applicant states, in effect, his DD Form 214 incorrectly shows his total period of service as 8 years, 6 months, and 21 days when in fact he served
8 years, 7 months, and 22 days.
3. The applicant provides copies of three DD Forms 214.
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 was inducted into the Army of the United States on 26 February 1970. On 3 March 1970, 6 days later, he was discharged for the purpose of enlistment in the Regular Army.
3. On 4 March 1970, the applicant enlisted for a period of 3 years. On
18 October 1972, having served 2 years, 7 months, and 15 days on this enlistment, he was honorably discharged for the purpose of immediate reenlistment.
4. On 19 October 1972, the applicant reenlisted for a period of 6 years. He was honorably discharged on 18 October 1978.
5. His 18 October 1978 DD Form 214 shows at item 18a (Net Service This Period) 6 years, 0 months, and 0 days; item 18b (Prior Active Service) shows 2 years, 6 months, and 20 days; and item 18c (Total Active Service) and item 18e (Total Service for Pay) shows 8 years, 6 months, and 21 day.
DISCUSSION AND CONCLUSIONS:
1. The applicant entered active duty on 26 February 1970 and had continuous active service from 26 February 1970 to 18 October 1978.
2. The applicant had 2 years, 7 months, and 21 days of total active service (not 2 years, 7 months, and 22 days) prior to his 19 October 1972 reenlistment for 6 years. It appears his prior total active service period was inaccurately brought forward from his 18 October 1972 DD Forms 214, which resulted in a miscalculation of his total period of active service.
3. Therefore, it would be appropriate at this time to correct the applicant's 18 October 1978 DD Form 214 at item 18b to show 2 years, 7 months, and 21 days and at items 18c and 18e (Total Service for Pay) to show 8 years, 7 months, and 21 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. deleting from item 18b of his 18 October 1978 DD Form 214 the entry "02 [years] 06 [months] 20 [days]" and replacing it with the entry "02 07 21"; and
b. deleting from items 18c and 18e from his 18 October 1978 DD Form 214 the entry "08 06 21" and replacing them with the entry "08 07 21."
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 showing 8 years, 7 months, and 22 days of service.
__________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) AR20080010708
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ABCMR Record of Proceedings (cont) AR20080010708
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