BOARD DATE: March 2, 2010
DOCKET NUMBER: AR20090013785
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 he completed 2 years of total service instead of 1 year, 7 months, and 11 days.
2. The applicant states, in effect, that his service is not accurate. He served in Vietnam; therefore, he should have been credited with 24 months of service.
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 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 records show he was inducted into the Army of the United States and entered active service on 5 February 1968. He completed basic combat and advanced individual training and was awarded military occupational specialty 76V (Equipment Storage Specialist). He was initially assigned to Fort Lee, VA, and subsequently served in the Republic of Vietnam from on or about 16 July 1968 to on or about 13 September 1969.
3. He was honorably released from active duty on 15 September 1969 and he was transferred to the control of the U.S. Army Reserve Control Group (Annual Training) for completion of his Reserve obligation. The DD Form 214 he was issued shows the following entries:
a. item 10c (Date Inducted) shows the entry "5 FEB 68";
b. item 11d (Effective Date) shows the entry "15 SEP 69";
c. item 22a(1) (Net Service This Period) shows the entry "1 7 11";
d. item 22a(2) (Other Service) shows the entry "0 0 0";
e. item 22a(3) (Total) shows the entry "1 7 11"; and
f. item 22b (Total Active Service) shows the entry "1 7 11."
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 their military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of the regulation contains guidance on the preparation of the DD Form 214. Item 10c of the version in effect at the time applied only to members who were inducted and showed the date of induction; item 11d showed the date separation was accomplished; item 22a(1) showed the total service completed between the dates shown in items 10c and 11d of the DD Form 214; item 22a(2) showed all prior service excluding any service shown in item 22a(1), item 22a(3) showed the total of items 22a(1) and 22a(2), and item 22b showed the total service the member had completed beginning with the earliest period of active duty up to and including the current period of active duty less any time lost.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant was inducted and entered active service on 5 February 1968. He served at Fort Lee, VA, and in the Republic of Vietnam and was honorably released from active duty on 15 September 1969. He completed a total of 1 year, 7 months, and 11 days of creditable active service which is correctly shown on his DD Form 214.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty, to include attendance at basic and advanced training, and it will be prepared for all personnel at the time of retirement, discharge, or release from active duty. There is no evidence in the available record and the applicant did not submit any evidence that indicates he completed any other period of active service that was not properly documented on his DD Form 214.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement. He has not shown error, injustice, or inequity for the relief he requests.
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.
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