IN THE CASE OF:
BOARD DATE: 26 August 2009
DOCKET NUMBER: AR20090006309
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 his 30 November 1995 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his entire period of service.
2. The applicant states, in effect, he first entered active on 26 November 1973 not 24 December 1975 as noted on the 30 November 1995 DD Form 214.
3. The applicant provides copies of two DD Forms 214 with remarks on attached post-it notes.
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 served on active duty in the Regular Army from 26 November 1973 through 23 December 1975.
3. He was issued a DD Form 214, dated 23 December 1975, covering his first enlistment in accordance with regulations then in effect. He had 2 years and 28 days of creditable active duty.
4. The applicant reenlisted on 24 December 1975 and had continuous active service with reenlistments in 1980, 1986, and 1988.
5. The applicant retired based on longevity on 30 November 1995 His 30 November 1995 DD Form 214 shows 19 years, 11 months, and 7 days of creditable service for this period with 2 years and 28 days of prior active duty.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. In 1975, the regulation provided that a DD Form 214 was be prepared at the time of each reenlistment or separation from active duty to summarize the Soldier's service for that period.
7. This regulation changed in August 1979. After this date, a DD Form 214 would be issued only at the end of a continuous period of service for which no previous DD Form 214 was issued. Periods of immediate reenlistments would be entered at block 18 (Remarks) with the entry "IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)".
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, he first entered active on 26 November 1973 not 24 December 1975 as noted on the 30 November 1995 DD Form 214.
2. The applicant was issued a DD Form 214 for his first enlistment under the regulations in effect at that time.
3. His second DD Form 214 includes his subsequent periods of enlistment and under the regulations in effect at that time a single DD Form 214 was issued covering this period of continuous service.
4. The applicant's first period of service is reflected on the 30 November 1995 DD Form 214 as the entry of prior active service at block 12d.
5. There is no error in the date of commencement of the period covered on the 30 November 1995 DD Form 214. A copy of his first DD Form 214 will be provided to him.
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) AR20090006309
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ABCMR Record of Proceedings (cont) AR20090006309
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