IN THE CASE OF:	 

		BOARD DATE:	  30 December 2008

		DOCKET NUMBER:  AR20080014517 


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 the date he entered active duty on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 August 1984 be corrected to a date in 1964.  He also requests that his award of the Meritorious Service Medal be added to his 
DD Form 214 with a separation date of 31 August 1984.

2.  The applicant states his date of entry in the Regular Army (RA) was in 1964.  He also states his basic active service date (BASD) is incorrect.

3.  The applicant provides, in support of his application, copies of orders for the award of the Meritorious Service Medal, his DD Form 214 with a separation date of 31 August 1984, and four pages from his military personnel record concerning his retirement.

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 enlisted in the Florida Army National Guard (FLARNG) and completed 2 months and 16 days of active duty for training.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) was issued for the period of active service from 10 February 1963 to 25 April 1963.  The exact dates of his service in the FLARNG are not available.

3.  On 19 August 1964, the applicant enlisted in the Regular Army (RA) for a period of 3 years.  He successfully completed basic combat and advanced individual training and was awarded the military occupational specialty of 36A (Wireman).

4.  On 11 November 1965, the applicant was discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 for the period of RA active service from 19 August 1964 to 11 November 1965.

5.  On 12 November 1965, the applicant reenlisted for a period of 3 years.

6.  On 17 September 1968, the applicant was discharged to immediately reenlist.  He was issued a DD Form 214 for the period of active service from 12 November 1965 to 17 September 1968.

7.  On 18 September 1968, the applicant reenlisted for a period 6 years.  

8.  On 28 August 1974, the applicant was discharged for immediate reenlistment.  He was issued a DD Form 214 for the period of active service from 17 (actually 18) September 1968 to 28 August 1974.

9.  On 29 August 1974, the applicant reenlisted for a period of 6 years.

10.  On 13 March 1980, the applicant was discharged for immediate reenlistment.  There was no DD Form 214 issued for the period of active service from 29 August 1974 to 12 March 1980.

11.  On 14 March 1980, the applicant reenlisted for a period of 4 years and on 
18 May 1983, he extended this enlistment for a period of 6 months.

12.  On 31 August 1984, the applicant was released from active duty and he was placed on the Retired List the following day.  He was issued a DD Form 214 for the period of active service from 29 August 1974 to 31 August 1984.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not show the applicant was awarded the Meritorious Service Medal.

13.  The applicant's military personnel records jacket (MPRJ) contained a reconciliation printout of the automated DA Form 2A (Personnel Qualification Record, Part I), dated 19 May 1984.  Section D - Service Data, Item 2 BASD contained the entry 640820 (20 August 1964).  This entry was lined out and the entry 640603 (3 June 1964) was annotated.

14.  Headquarters, United States Forces Korea, Eighth United States Army Permanent Orders 90-1, dated 19 July 1984, awarded the applicant the Meritorious Service Medal for the period 20 August 1974 to 1 September 1984.

15.  Army Regulations 640-2-1 (Personnel Qualification Records), then in effect, provided, in pertinent part, that for personnel with prior service, the BASD is the date of enlistment or induction minus previous total active federal service and any period of active duty for training and active duty while in a Reserve status.

16.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  This regulation stated, in pertinent part, that a DD Form 214 will be issued at the time of separation to each member of the Regular Army.

17.  Army Regulation 635-5, effective 1 October 1979, provided, in pertinent part, that effective 1 October 1979 DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his BASD is incorrect and that the date of entry in Item 12a of his DD Form 214 with a separation date of 31 August 1984 should be in 1964.  He also contends his award of the Meritorious Service Medal should be added to his DD Form 214.

2.  The applicant enlisted in the Regular Army on 19 August 1964 and served continuously until his retirement on 31 August 1984.  He had 2 months and       16 days of previous active duty for training in the FLARNG.  Therefore, his BASD is 3 June 1964.  Based on the correction made to the applicant's reconciliation report of 19 May 1984 and absent any evidence to the contrary it is reasonable to conclude that the applicant's BASD was corrected prior to his retirement.  Therefore, the applicant's BASD is determined to be correct.

3.  The applicant was issued DD Forms 214 for his active service periods from 
19 August 1964 to 11 November 1965, from 12 November 1965 to 17 September 1968, and from 17 (actually 18) September 1968 to 28 August 1974.  

4.  The regulation establishing the standardized policy for preparing the DD Form 214 was revised 1 October 1979 and provided that a DD Form 214 would no longer be issued when a Soldier was discharged and immediately reenlisted.  Therefore, a DD Form 214 was not issued when the applicant was discharged on 13 March 1980 and immediately reenlisted on 14 March 1980.

5.  When the applicant was released from active duty on 31 August 1984 and placed on the Retired List he was issued a DD Form 214 that included the entire period of continuous active service from the date following the last DD Form 214 that was issued on 28 August 1974.  Therefore, the date of 29 August 1974 in Item 12a of the applicant's DD Form 214 with a separation date of 31 August 1984 is correct.

6.  The applicant provided a copy of the orders awarding him the Meritorious Service Medal.  Therefore, his DD Form 214 with a separation date of 31 August 1984 should be amended to include this award.

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 amending Item 13 of his DD Form 214 with a separation date of 31 August 1984 to show he was awarded the Meritorious Service Medal.

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 correction of his BASD and his date of entry on his DD Form 214 with a separation date of 31 August 1984.




      __________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)                                         AR20080014517



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ABCMR Record of Proceedings (cont)                                         AR20080014517



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