IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080015072
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 he be issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period covering 23 August 1966 through 4 May 1969.
2. The applicant states that he is missing a DD Form 214 for his enlisted service during the period 23 August 1966 through 4 May 1969. He contends that he will not be able to claim his benefits from his employer and that this DD Form 214 for his enlisted active duty time will complement his active duty time as a warrant officer.
3. The applicant provides a Chronological Statement of Retirement Points and a letter, dated 8 May 2008, from the National Personnel Records Center, St. Louis, Missouri.
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 enlistment contract shows he enlisted in the Regular Army on 23 August 1966 for a period of 3 years.
3. The available records do not contain a DD Form 214 for the period ending 4 May 1969.
4. The applicant was appointed a warrant officer in the U.S. Army Reserve and entered active duty on 5 May 1969. On 1 June 1971, he was released from active duty.
5. The applicant's DD Form 214 for the period ending 1 June 1971 shows he completed 2 years, 8 months, and 12 days of "Other Service."
6. The applicant was ordered to active duty on 6 June 1972 for training. He was released from active duty on 11 September 1972. On 29 February 2008, the applicant was transferred to the Retired Reserve.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It directs that a DD Form 214 will not be issued to replace record copies or DD Forms 214 lost by Soldiers. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the Regular Army on 23 August 1966 and it appears he was discharged on 4 May 1969. Although there is no DD Form 214 for this period on file in his record, administrative regularity is presumed. However, it would be appropriate to issue the applicant a Transcript of Military Record (DA Form 1569) to show he served in the Regular Army from 23 August 1966 through 4 May 1969.
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 issuing him a Transcript of Military Record to show he served in the Regular Army from 23 August 1966 through 4 May 1969.
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 issuing him a DD Form 214 for the period 23 August 1966 through 4 May 1969.
__________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) AR20080015072
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ABCMR Record of Proceedings (cont) AR20080015072
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