DOCKET NUMBER:  AR20090002996 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct date of entry as 3 July 1967 instead of 20 May 1969.

2.  The applicant states, in effect, that his DD Form 214 shows an incorrect date of entry on active duty and that he needs the correction for his Post Traumatic Stress Disorder claim.

3.  The applicant did not provide any additional documentary evidence in support of his request.

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’s records show he enlisted in the Regular Army for a period of 3 years on 3 July 1967.  He completed basic combat and advanced individual training and was awarded military occupational specialty 12B (Combat Engineer). He was honorably discharged on 19 May 1969 for the purpose of immediate reenlistment.  He completed 1 year, 10 months, and 17 days of creditable active military service.  The DD Form 214 he was issued for this period of service is not available for review with this case.

3.  The applicant’s records also show he reenlisted in the Regular Army for a period of 4 years on 20 May 1969.  He was discharged on 1 December 1971 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations) with service characterized as under honorable conditions.  He completed 2 years, 6 months, and 12 days of creditable active service during this period of reenlistment.  The DD Form 214 he was issued shows the following entries:

	a.  item 17c (Date of Entry) shows "20 May 69";

	b.  item 11d (Effective Date (of Separation or Discharge)) shows the entry    "1 December 71"; and 

	c.  item 22 (Statement of Service) shows the following entries:

		item 22a(1) (Net Service This Period) shows the entry "02  06  12";

		item 22a(2) (Other Service) shows the entry "01  10  17"; 

		item 22a(3) (Total) shows the entry "04  04  29"; and

		item 22b (Total Active Service) shows the entry "04  04  29."

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the Regular Army on 3 July 1967.  He was honorably discharged on 19 May 1969 for the purpose of immediate reenlistment.  He completed 1 year, 10 months, and 17 days of creditable active military service during this period of initial enlistment.

2.  The evidence of record further shows that he reenlisted on 20 May 1969 and he was discharged on 1 December 1971.  He completed 2 years, 6 months, and 12 days of creditable active service during the period covered by this DD Form 214.  Item 17c of his DD Form 214 correctly reflects the entry "69  05  20" (the date he reenlisted), item 11d correctly reflects the entry "71  12  01" (the date he was discharged), item 22a(1) correctly shows the entry "02  06  12" (the total active service from the date he reenlisted to the date he was discharged), and item 22a(2) correctly reflects an entry of "01  10  17" which is the applicant's total prior active service.  When combining the applicant's net service in item 22a(1) to his total prior active military service in item 22a(2), it equates to 4 years, 4 months, and 29 days of total creditable active service which is also correctly shown on his DD Form 214.

3.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.

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.




      _______ _   ___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)                                         AR20090002996



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ABCMR Record of Proceedings (cont)                                         AR20090002996



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