IN THE CASE OF:	  

		BOARD DATE:	        11 DECEMBER 2008

		DOCKET NUMBER:  AR20080015659 


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 13 February 1973 be corrected to reflect that he entered the service on 12 January 1960.

2.  The applicant states, in effect, that his DD Form 214 should be corrected to reflect that he entered the Army on 12 January 1960.  It is the right thing to do because he served his country by completing two tours in Vietnam.

3.  The applicant provides a copy of his DD Form 214, the first page of his DA Form 20, a copy of his enlistment orders dated 12 January 1960, a copy of his military occupational specialty (MOS) orders and a copy of his orders showing completion of parachute training.

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 Regular Army in Chicago, Illinois on 12 January 1960 under the airborne enlistment option.  He completed his basic training at Fort Hood, Texas and was transferred to Fort Campbell, Kentucky to undergo his advanced individual training and parachute training.  He completed his training and remained at Fort Campbell as a light weapons infantryman.

3.  He was advanced to the pay grade of E-4 on 19 January 1962 and on 11 January 1963, he was honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214 on that date.

4.  On 12 January 1963, he reenlisted for a period of 3 years.  He was transferred to Fort Gordon, Georgia to undergo training as a radio operator and then was assigned to Fort Bragg, North Carolina.  He was promoted to the pay grade of E-5 on 29 June 1964, while stationed in Panama and on 11 February 1966, he was honorably discharged for the purpose of immediate reenlistment.

5.  On 12 February 1966, he reenlisted for a period of 6 years.  He was promoted to the pay grade of E-6 on 5 May 1966 and to the pay grade of E-7 on 15 November 1967.  He was transferred to Vietnam on 16 December 1967 and he served in Vietnam until 13 December 1968, when he was transferred back to Fort Bragg.  He was again transferred to Panama on 17 February 1970 and remained there until 1 August 1971, when he was again transferred to Vietnam.  He departed Vietnam on 14 April 1972 and was transferred to Fort Gordon, Georgia, where he remained until he was honorably discharged on 13 February 1973, due to the expiration of his term of service (ETS).  He had served 13 years, 1 month and 2 days of total active service.

6.  His DD Form 214 issued at the time of his discharge shows that he entered his current period of service on 12 February 1966, that he had served 7 years and 2 days of service during his current term of service and that he had served 13 years, 1 month and 2 days of total active service.

7.  Army Regulation 635-5 serves as the authority for the preparation and issuance of the DD Form 214.  The regulation in affect 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 Form 214s 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 12 February 1966 for a period of 6 years and his DD Form 214 correctly reflects that he entered during 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 13 years, 1 month and 2 days of total active service which when subtracted from his date of discharge, equates to his initial entry date of 12 January 1960.

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:

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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War.  The applicant and all Americans should be justifiably 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)                                         AR20080015659



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ABCMR Record of Proceedings (cont)                                         AR20080015659



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