IN THE CASE OF:
BOARD DATE: 16 DECEMBER 2008
DOCKET NUMBER: AR20080014473
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 16 May 1972, be corrected to show that he entered active duty on 15 September 1967.
2. The applicant states that his DD Form 214 incorrectly reflects that he entered active duty on 22 May 1968, when in fact he entered active duty on 15 September 1967.
3. The applicant provides a copy of his DD Form 214 and pictures from his basic training graduation cycle book.
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 enlisted in Buffalo, New York on 21 September 1967 for a period of 3 years under the Airborne Unassigned enlistment option. He completed his basic and advanced individual training at Fort Dix, New Jersey and was transferred to Fort Benning, Georgia, where he completed airborne training before being transferred to Fort Bragg, North Carolina for duty as an infantryman.
3. After serving 8 months and 1 day of active service, he was honorably discharged on 21 May 1968 for the purpose of immediate reenlistment. He was issued an Honorable Discharge Certificate and a DD Form 214.
4. On 22 May 1968, he reenlisted for a period of 4 years and training as a welder. He attended welder training at Aberdeen Proving Ground, Maryland from July to December 1968 and was then returned to Fort Bragg. He was advanced to the pay grade of E-4 on 21 June 1969.
5. He was reassigned to Fort Campbell, Kentucky on 23 April 1970 and on 20 June 1970, he was transferred to Germany with his unit. He was promoted to the pay grade of E-5 on 11 February 1971.
6. He departed Germany on 11 May 1972 and was transferred to Fort Dix, where he was honorably released from active duty (REFRAD) on 16 May 1972 as an overseas returnee. He had served 3 years, 11 months, and 25 days of active service during his current enlistment and his DD Form 214 issued at the time of his REFRAD reflects his 8 months and 1 day of prior active service.
7. Army Regulation 635-5 serves as the authority for the preparation and issuance of the DD Form 214. The regulation in effect at the time provided in pertinent part, that individuals would be issued a DD Form 214 when discharged for immediate reenlistment. Information contained on a previous DD Form 214 would not be entered on succeeding DD Forms 214 except for cumulative and prior service. On 1 October 1979, that regulation changed and a DD Form 214 was not authorized to be issued for immediate reenlistments or separations/
breaks in service of less than 1 full day.
DISCUSSION AND CONCLUSIONS:
1. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. The applicant reenlisted on 22 May 1968 for a period of 4 years and his DD Form 214 correctly reflects that he entered on the period of service covered by the DD Form 214 on that date.
3. Additionally, his DD Form 214 correctly reflects that he had served 4 years, 7 months and 26 days of total active service which when subtracted from his date of discharge, equates to his initial entry date of 21 September 1967.
4. Accordingly, his DD Form 214 is correctly prepared in accordance with the applicable regulation and the applicant has failed to show otherwise. Therefore, there appears to be no basis to change the dates on his DD Form 214 dated 13 February 1973.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ __X______ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
________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) AR20080014473
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