IN THE CASE OF:	  

		BOARD DATE:	        3 February 2009

		DOCKET NUMBER:  AR20080011327 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the date he entered active duty as 26 May 1969 instead of 3 June 1968.

2.  The applicant states that he initially enlisted for a period of 3 years on 23 May 1968 and was honorably discharged on 25 May 1969 for the purpose of immediate reenlistment.  He then reenlisted for a period of 3 years on 26 May 1969.  However, his second DD Form 214 incorrectly shows the date of entry as 3 June 1968.  

3.  The applicant provides copies of his DD Forms 214, dated 25 May 1969 and 12 November 1970, and a copy of Letter Orders D11-939, dated 22 November 1971, 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 records show he enlisted in the Regular Army for a period of 3 years on 23 May 1968.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantry).  He attained the rank/grade of private first class (PFC)/E-3.

3.  On 20 November 1968, the applicant departed his unit in an absent without leave status (AWOL).  He returned to his unit on 30 November 1968.  

4.  On 20 May 1969, the applicant requested a waiver of 10 days of lost time for the purpose of reenlistment.  He further requested to be allowed to take a short discharge upon approval of his waiver.  His immediate commander recommended approval on the same day and his battalion commander also recommended approval on 21 May 1969.

5.  The applicant’s records further show that he was honorably discharged on 25 May 1969 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 11 months and 24 days of active military service and had 10 days of lost time.  Item 17c (Date of Entry) of this form shows 23 May 1968 and Item 11d (Effective Date) shows 25 May 1969.

6.  On 26 May 1969, the applicant reenlisted in the Regular Army for a period of 3 years.  He subsequently served in the Republic of Vietnam from 6 November 1969 to 12 January 1970 and attained the rank/grade of specialist four/E-4.  

7.  The applicant’s records further show he was honorably separated for disability and placed on the temporary disability retired list (TDRL) on 12 November 1970. The DD Form 214 he was issued shows he completed 2 years, 5 months and 10 days of active duty during this period of military service.  Item 17c of this DD Form 214 shows the entry 3 June 1968 and Item 11d shows the entry 12 November 1970.  Furthermore, Item 22a(1) (Net Service this Period) shows the entry "2 years, 5 months, and 10 day" and Item 22a(2) (Other Service) shows the entry "0  0  0."  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  

9.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that Item 11d shows the date the Soldier’s separation was accomplished.  Item 17c (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished.  If the qualification record of an enlisted member of the Regular Army indicates that he was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date entered in this item is the earliest date not previously covered by a DD Form 214. Subsequent reenlistments and discharges between dates shown in this item and item 11d (separation date) are entered in item 30 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his second DD Form 214 contains an incorrect entry date.  

2.  The evidence of records shows that the applicant initially enlisted in the Regular Army on 23 May 1968 and was discharged on 25 May 1968 for the purpose of immediate reenlistment.  He completed 1 year and 3 days of active military service.  However, his net period of service was adjusted down to 11 months and 24 days as a result of his 10 days of lost time due to AWOL.  This DD Form 214 contains no errors and requires no further correction.

3.  The evidence of record further shows that the applicant reenlisted on 26 May 1969 and was separated for disability on 12 November 1970.  He completed 1 years, 5 months, and 16 days of active service during this period of reenlistment. It appears that officials at the time, consolidated his first period of enlistment (23 May 1968 to 25 May 1969) and his second period of enlistment (26 May 1969 to 12 November 1970) into one DD Form 214 and adjusted his beginning date by 10 days to account for his 10 days of AWOL.  

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  Therefore, the applicant's date of entry on his DD Form 214, dated 12 November 1970, should be corrected to show the date he reenlisted.  Furthermore, his net service this period and other service should also be adjusted to reflect the correct entries.





BOARD VOTE:

___X____  ___X____  ___X____  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:

	a.  deleting the entry "3 June 1968" from Item 17c of his DD Form 214, dated 12 November 1970, and adding the entry "26 May 1969"; 

	b.  deleting the entry "2 years, 5 months, and 10 days" from Item 22a(1) of the applicant's DD Form 214, dated 12 November 1970 and adding the entry "1 year, 5 months, and 16 days"; and

	c.  adding the entry "11 months and 24 days" to Item 22c(2) of his DD Form 214, dated 12 November 1970.




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               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)                                         AR20080011327



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ABCMR Record of Proceedings (cont)                                         AR20080011327



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