IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013409
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 (Certificate of Release or Discharge from Active Duty) to show his date of entry as 23 September 1976 and his net active service as 3 years.
2. The applicant states that his date of entry and net active service is incorrect as shown on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 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 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 DD Form 4 (Enlistment or Reenlistment Agreement), dated 23 September 1976, shows that he enlisted in the Regular Army for a period of 3 years.
3. The applicant completed his initial training and was assigned for duty with the 567th Engineer Company in the Federal Republic of Germany. He served with this unit until 17 September 1979 and then returned to the United States.
4. On 22 September 1979, the applicant was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement). He had attained the rank of specialist four, pay grade E-4, and had completed 3 years of creditable active duty service.
5. The applicant's DD Form 214 shows the following:
a. item 9d (Effective Date): 22 September 1979;
b. item 15 (Date Entered Active Duty this Period): 23 September 1978;
c. item 18a (Net Active Service this Period): 1 year, 0 months, and 0 days;
d. item 18c (Total Active Service): 1 year, 0 months, and 0 days; and
e. item 18e (Total Service for Pay): 1 year, 0 months, and 0 days.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, provided detailed instructions for completing separation documents, including the DD Form 214. It provided, in pertinent part, that item 15 would show the date of entry; that item 18 would show a record of service that included the net active service, total active service, and the total service for pay completed as of the end of the period of active duty service covered by the report.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he entered active duty on 23 September 1976 and his net active service was 3 years.
2. The evidence of record clearly shows that the applicant enlisted in the Regular Army on 23 September 1976 and was released from active duty 3 years later on 22 September 1979. Therefore, his DD Form 214 should be corrected to show this service.
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. showing in item 15 of his DD Form 214: "1976 09 23";
b. showing in item 18a of his DD Form 214: "03 00 00";
c. showing in item 18c of his DD Form 214: "03 00 00"; and
d. showing in item18e of his DD Form 214: "03 00 00."
____________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) AR20090013409
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ABCMR Record of Proceedings (cont) AR20090013409
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