IN THE CASE OF:
BOARD DATE: 18 DECEMBER 2008
DOCKET NUMBER: AR20080014163
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 12a (Date Entered Active Duty [AD] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement be corrected to show that he entered AD on 5 September 1968.
2. The applicant essentially states that he entered AD on 5 September 1968.
3. The applicant provides his DD Form 214 and a letter, dated 29 July 2008, from the Fort Hood, Texas Retirement Services Office in support of this application.
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 that he enlisted in the Regular Army on 5 September 1968, and that he served on continuous enlisted AD until his retirement on 30 September 1988 after completing more than 20 years of AD service. Item 12a of his DD Form 214 essentially shows that he entered AD on
8 October 1976. Item 12c (Net Active Service This Period) shows that this document covers 11 years, 11 months, and 23 days of his AD service from
8 October 1976 to 30 September 1988. Item 12d (Total Prior Active Service) of this document shows that the applicant had 8 years, 1 month, and 3 days of AD service prior to the period covered on this DD Form 214, which shows that the applicant's AD service from 5 September 1968 to 7 October 1976 was covered by one or more previously issued DD Forms 214. However, a search of the applicant's military records failed to produce any DD Forms 214 which covered his AD service from 5 September 1968 to 7 October 1976.
3. The applicant's DA Form 2339 (Application for Voluntary Retirement), dated
1 October 1987, clearly shows that the applicant had been serving on continuous AD in an enlisted status since his initial enlistment on 5 September 1968.
4. Army Regulation 635-5 (Separation Documents) provides guidance on the preparation of a DD Form 214. This regulation states, in pertinent part, that for item 12a, the beginning date of the continuous period of AD for issuance of a particular DD Form 214, for which a DD Form 214 was not previously issued, will be entered. It should be noted that the applicant's service from 5 September 1968 to 7 October 1976 fell entirely within a timeframe when a DD Form 214 would be issued at the time of immediate reenlistments.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that item 12a of his DD Form 214 that was issued at the time of his retirement should be corrected to show that he entered AD on
5 September 1968.
2. As the applicant's AD service from 5 September 1968 to 7 October 1976 was covered by one or more DD Forms 214, there is no basis for correcting his
DD Form 214 that was issued at the time of his retirement to show that he entered active duty on 5 September 1968.
3. However, the applicant's DD Forms 214 for his service from 5 September 1968 to 7 October 1976 are not in his military records. As a result, it would be appropriate at this time to issue him a DA Form 1569 (Transcript of Military Record) to cover his active duty service from 5 September 1968 to 7 October 1976.
4. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
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 determined that an administrative error in the records of the individual concerned should be corrected. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned by issuing him a DA Form 1569 which certifies that:
a. he was a member of the Regular Army from 5 September 1968 to
7 October 1976;
b. his service was terminated by an honorable discharge;
c. his last grade, rank, or rating was sergeant;
d. his active service dates were 5 September 1968 to 7 October 1976;
e. his date of birth was 12 April 1949; and
f. his place of birth was Indianapolis, Indiana.
3. The Board wants to thank the applicant for the sacrifices he made in service to the United States throughout his military career. The applicant and all Americans should be 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) AR20080014163
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