IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080012190
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 17c (Date of Entry), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), be corrected and that items 22a(1) (Net Service This Period), item 22a(3) (Total (Line 1) plus Line (2)), and item 22b (Total Active Service) be corrected to show the entry "2 9 15" instead of the entry "1 9 15."
2. The applicant states, in effect, that item 17c, of his DD Form 214, has a strikeover and item 22a(1), 22a(3), and 22b show the incorrect years of service. He adds that the correct number of years of military service is necessary for social security retirement computation.
3. The applicant provides a copy of his DD Form 214 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 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's military records show he enlisted in the Regular Army on 9 September 1966. He was trained as a Personnel Specialist, in military occupational specialty (MOS), 71H. He was promoted to specialist five (SP5)/ E-5 on 18 July 1968. He continued to serve until he was honorably released from active duty on 23 June 1969 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.
3. Item 17c, of the applicant's DD Form 214, shows the entry "9 Sep 66"
(9 September 1966), which is correct; however, as indicated by the applicant, does contain a "strikeover."
4. A review of the applicants DD Form 4 (Enlistment Record Armed Forces of the United States) shows that he enlisted on 9 September 1966.
5. Item 22a(1), 22a(3) and item 22b, of his DD Form 214, shows the entry "1 9 15" (1 year, 9 months, and 15 days), which is incorrect.
6. Army Regulation 635-5, in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. It states, impertinent part, that item 17c will be completed by entering the date entered on active duty or date enlistment or reenlistment was accomplished.
7. 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 continual 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.
8. Item 22a(3) will be completed to show the total service of item 22a(1) plus item 22a(2) (Other Service).
9. 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 applicant contends that there is a "strikeover" in the date shown in item 17c, of his DD Form 214. The applicant's contention is correct; however, the date appears to be completely correct but is not. It appears that the number "9" in the year block was typed over with a number "6" in item 17c of his DD Form 214, reflecting "9 Sep[tember 19]69" instead of "9 Sep[tember 19]66." Therefore, it would be appropriate to correct item 17c (Date of Entry), of his DD Form 214, to show the entry "9 Sep 66."
2. The evidence shows the applicant enlisted on 9 September 1966 and was released from active duty on 23 June 1969. His period of service from 9 September 1966 to 23 June 1969 equated to 2 years, 9 months, and 15 days of total active service. However, items 22a(1), 22a(3), and item 22b, of his DD Form 214, incorrectly shows the entry "1 9 15" (1 year, 9 months, and 15 days). Therefore, he is entitled to correction of item 22a(1), 22a(3), and item 22b, of his DD Form 214, to show the entry "2 9 15" (2 years, 9 months, and 15 days).
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. showing the entry, "9 Sep 66," in item 17c (Date of Entry), of his DD Form 214;
b. showing the entry, "2 9 15," in item 22a(1) (Net Service This Period), of his DD Form 214;
c. showing the entry "2 9 15," in item 22a(3) (Total (line (1) plus Line (2)), of his DD Form 214; and
d. showing the entry "2 9 15," in item 22b (Total Active Service), of his DD Form 214.
__________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) AR20080012190
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