IN THE CASE OF:
BOARD DATE: 19 February 2009
DOCKET NUMBER: AR20080018127
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, correction of his records to show the correct length of his active duty service.
2. The applicant states, in effect, his records show he served for 7 years but he actually served for 9 years.
3. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this 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. Records show the applicant enlisted in the Regular Army on 23 June 1972 for 4 years, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). On 10 May 1974, he reenlisted for a period of 5 years. On 20 July 1978, he further reenlisted for 3 years. He was subsequently honorably discharged on 13 July 1981.
3. Item 12a (Date Entered Active Duty this Period) of the applicant's DD Form 214 with an ending date of 13 July 1981 shows he entered active duty on 20 July 1978; item 12c (Net Active Service this Period) shows he completed 2 years, 11 months, and 24 days of creditable active service (with no lost time); and item 12d (Total Prior Active Service) shows he had 4 years and 27 days of prior active service.
4. There is no evidence of record to show that the applicant was issued a
DD Form 214 upon completion of his first term of service which ended on 9 May 1974 or upon completion of his first reenlistment which ended on 19 July 1978.
5. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part, it states the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
6. Army Regulation 635-5 further states that, once issued, the DD Form 214 will not be reissued to replace record copies or DD Forms 214 lost by service members. If no DD Form 214 is available, a statement of service or transcript of military record will be issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show he was in the Army for 9 years has been carefully reviewed and found to have merit.
2. There is no evidence of record to show that the applicant was issued a DD Form 214 upon completion of his first term of service or completion of his first reenlistment. However, records clearly show he completed these periods of service. In accordance with applicable regulations, new or replacement
DD Forms 214 cannot be issued. As a result, it would be appropriate in this case to issue a transcript of military record for inclusion in his records to show his
active duty periods of service from 23 June 1972 through 9 May 1974 and from 10 May 1974 through 19 July 1978. Additionally, block 12d of the applicant's DD Form 214 with an ending date of 13 July 1981 should be amended to show
6 years and 27 days in block 12d.
BOARD VOTE:
___x_____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. issuing to him a transcript of military record for the periods from 23 June 1972 through 9 May 1974 and from 10 May 1974 through 19 July 1978;
b. deleting from block 12d of his DD Form 214 the entry "04 00 27"; and
c. adding to block 12d of his DD Form 214 the entry "06 00 27."
__________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) AR20080018127
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080018127
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