IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008998
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show he completed a total of
27 years of active military service.
2. The applicant states, in effect, that he served a total of 27 years on active duty; however, his DD Form 214 shows he completed only 26 years.
3. The applicant provides the following documents in support of his application: DD Form 214; DD Form 4 (Enlistment Record Armed Forces of the United States); and a letter from the Department of Veterans Affairs, dated 20 February 2009.
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 Official Military Personnel File (OMPF) contains a DD Form 4 (Enlistment Record - Armed Forces of the United States) which shows he enlisted in the Regular Army (RA) for 3 years and entered active duty on
30 November 1962.
3. The record shows he continuously served through reenlistments until
30 November 1989 at which time he was honorably retired in the rank of master sergeant (MSG). The DD Form 214 he was issued item 12a (Date Entered Active Duty This Period) shows 22 November 1977. Item 12b (Separation Date This Period) contains the entry 30 November 1989.
4. Item 12c (Net Active Service this Period) of the applicant's final DD Form 214 contains an entry showing he completed 12 years and 9 days of active military service during the period covered by the DD Form 214 issued for the period 22 November 1977-30 November 1989). Item 12d (Total Prior Active Service) shows he completed 14 years, 11 months, and 22 days, which covers the period from the date he initially entered active duty through the day prior to the beginning date entered in item 12a (30 November 1962-21 November 1977).
5. Army Regulation 635-5 prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation stipulates that the information in Item 12c will be the amount of service this period, computed by subtracting item 12a from 12b. To determine the members total amount of active service compute by adding the total amount in item 12c to the amount in item 12d.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the total active duty service reflected on his final DD Form 214 should be corrected was carefully considered.
2. The evidence of record confirms the applicant served on active duty for
27 years and 1 day between the date of his initial enlistment on 30 November 1962 and the date of his retirement on 30 November 1989.
3. Item 12 (Record of Service) on the applicant's final DD Form 214 confirms, in items 12b and 12c, that he completed a total of 27 years and 1 day of active military service. Item 12b shows he completed 14 years, 11 months, and
22 days of prior active duty service, which covers the period between
30 November 1962 and 21 November 1977, and item 12c shows 12 years and
9 days of active duty service between 22 November 1977 and 30 November 1989, the date he entered his last period of enlistment and the date of separation/retirement. The active duty service reflected in items 12b and 12c equals 27 years and 1 day, which is the total amount of active duty service completed by the applicant.
4. Given the applicant's final DD Form 214 reflects that he completed over
27 years of service, as he contends he did, there appears to be no error or injustice related to any of the entries concerning the amount of service he completed. Therefore, there is an insufficient evidentiary basis to support granting the 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) AR20090008998
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ABCMR Record of Proceedings (cont) AR20090008998
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