IN THE CASE OF:
BOARD DATE: 27 January 2009
DOCKET NUMBER: AR20080018295
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 item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 November 1987 be corrected to show he entered active duty on 10 July 1973.
2. The applicant states that his entry date on this DD Form 214 is wrong and that the correct date is 10 July 1973.
3. The applicant provides two pages of his DA Form 2A (Personnel Qualification Record (Part I)) and his DA Form 2-1 (Personnel Qualification Record (Part II)) 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 enlisted in the Regular Army on 10 July 1973 for a period of
3 years. He was honorably discharged on 31 May 1976 for immediate reenlistment.
3. Item 15 (Date Entered Active Duty This Period) on the applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 31 May 1976 shows the entry, "73 07 10."
4. The applicant reenlisted on 1 June 1976 for a period of 6 years. On 19 May 1982, he was honorably discharged for immediate reenlistment. He reenlisted on 20 May 1982 for a period of 4 years. On 23 January 1984, he extended his
4-year enlistment to a period of 5 years and 1 month. On 5 December 1984, he extended his 5-year and 1-month enlistment to a period of 6 years and 1 month. On 24 November 1987, the applicant was discharged with a general discharge.
5. Item 12a on the applicants DD Form 214 for the period ending 24 November 1987 shows the entry, 76 06 01.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added). It also states that for item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant enlisted in the Regular Army on
10 July 1973, which is properly reflected on his DD Form 214 for the period ending 31 May 1976. He entered into a continuous period of Regular Army service beginning on 1 June 1976. Additionally, his period of prior active service is properly reflected on his DD Form 214 for the period ending 24 November 1987. Therefore, there is no basis for granting the applicants request to amend item 12a on his DD Form 214 for the period ending 24 November 1987.
2. A copy of the DD Form 214 for the period ending 31 May 1976 will be provided to the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x____ ___x_____ ___x_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________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) AR20080018295
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ABCMR Record of Proceedings (cont) AR20080018295
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