IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080017819
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 (Report of Transfer or Discharge) for the period 1 August 1973 through 6 May 1976.
2. The applicant states, in effect, that he enlisted as a private in 1973, that he reenlisted in 1976, and that he was appointed a warrant officer in 1979. He contends that he left active duty as a chief warrant officer three in April 1992, that he entered the Individual Ready Reserve, and that he was promoted to chief warrant officer four.
3. The applicant states that he needs to provide his employer with a record of all his prior service to receive credit for his service computation date as well as creditable years for retirement purposes. He indicates that he cannot find a DD Form 214 that covers his first 2 years, 9 months, and 6 days of enlisted service.
4. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 1992, a DD Form 214 (Report of Separation from Active Duty) for the period ending 26 September 1979, a summary of his retirement points, and an Officer Record Brief in support of his 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 enlistment contracts are not available. However, the applicants Personnel Qualification Record and his Officer Record Brief show his Basic Active Service Date (BASD) is 1 August 1973.
3. The available records do not contain a DD Form 214 covering the period 1 August 1973 through 6 May 1976.
4. The applicants DD Form 214 for the period ending 26 September 1979 shows that he entered active duty on 7 May 1976. He served as a traffic analyst and was honorably discharged on 26 September 1979 for appointment as a warrant officer. Item 18b (Prior Active Service) on this DD Form 214 shows he had 2 years, 9 months, and 6 days of prior active service.
5. The applicant was appointed a warrant officer effective 27 September 1979. On 30 April 1992, he was honorably discharged under the Voluntary Incentive Program.
6. The applicants DD Form 214 for the period ending 30 April 1992 shows he had 6 years, 1 month, and 27 days of prior active service.
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 applicants Personnel Qualification Record and his Officer Record Brief show his BASD is 1 August 1973. His DD Form 214 covering the period 7 May 1976 through 26 September 1979 shows he had 2 years, 9 months, and 6 days of prior active service. Although there is no DD Form 214 for this period (1 August 1973 through 6 May 1976) 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 1 August 1973 through 6 May 1976.
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 1 August 1973 through 6 May 1976.
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 1 August 1973 through 6 May 1976.
_________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) AR20080017819
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ABCMR Record of Proceedings (cont) AR20080017819
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