IN THE CASE OF:
BOARD DATE: 11 March 2010
DOCKET NUMBER: AR20090014933
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, correction of his Statement of Service on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to change 1 year, 10 months, and 15 days to 2 years, 10 months, and
15 days.
2. The applicant states that his discharge document has been reviewed by many organizations and informed him that the Statement of Service does not add up to the correct amount of years.
3. The applicant provides, in support of his application, a copy of his DD Form 214.
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 enlisted in the Regular Army (RA) on 5 April 1966 for a period of three years.
3. The applicant was released from active duty on 29 March 1969 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 5, by reason of an overseas returnee.
4. The applicant completed 2 years, 10 months, and 15 days of active military service with 39 days of lost time.
5. Item 22a(1) (Net Service This Period) of his DD Form 214 shows he completed 1 year, 10 months, and 15 days total active service this period.
6. Item 22a(3) (Total) and Item 22b (Total Active Service) of his DD Form 214 also shows he completed 1 year, 10 months, and 15 days of active military service.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. In the version in effect at the time, it stated that the total service completed between the dates shown in items 10c (Date Inducted) or 17c (Date of Entry) and 11d (Effective Date [of discharge]) of the DD Form 214, as represented by continual and foreign service, less time lost under Title 10, U.S. Code, section 972 and time lost subsequent to normal expiration of term of service will be entered in Item 22.
DISCUSSION AND CONCLUSIONS:
1. The applicant served in the RA from 5 April 1966 through 29 March 1969. During this period he had 39 days of lost time. Therefore, he completed a total of 2 years, 10 months, and 15 days of active military service.
2. However, the applicants DD Form 214 incorrectly reflects that he completed only 1 year, 10 months, and 15 days of active military service.
3. It appears that an administrative error has occurred regarding the applicants Statement of Service. Therefore, it would be appropriate to correct the applicants DD Form 214 to show he completed 2 years, 10 months, and 15 days of active military 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 deleting from items 22a(1), 22a(3) and 22b of his DD Form 214 the entry 1 [year] 10 [months] 15 [days] and replacing these items with the entry 2 [years] 10 [months] 15 [days].
___________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) AR20090014933
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090014933
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080012190
The applicant states, in effect, that item 17c, of his DD Form 214, has a strikeover and item 22a(1), 22a(3), and 22b show the incorrect years of service. Item 17c, of the applicant's DD Form 214, shows the entry "9 Sep 66" (9 September 1966), which is correct; however, as indicated by the applicant, does contain a "strikeover." Item 22a(1) will be completed by entering the total service completed in item 10c (Dated Inducted) or 17c (Date of Entry) and 11d (Effective Date) of the DD Form...
ARMY | BCMR | CY2008 | 20080010502
The evidence clearly shows that he completed 4 months and 10 days of total active service. However, the evidence clearly shows that he only completed 4 months and 10 days of active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry, "0 4 10," in item 22a(1) (Net Service This Period), of his DD Form 214; and b. showing the entry "0 4 10," in item 22b (Total Active Service), of his DD Form 214.
ARMY | BCMR | CY2004 | 2004106456C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the total period of active military service covered by the DD Form 214 in question is 2 years, 10 months and 15 days. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2010 | 20100029546
BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20100029546 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show service credit for all of the time he spent on active duty. Item 22b (Total Active Service) - "0 years, 2 months, and 11 days" c. Item 26a (Non-Pay Periods Time Lost) the entries: * 14 May 1969 - 20 May 1969 * 26 May 1969 - 27 June 1969 * 30 July 1969...
ARMY | BCMR | CY2009 | 20090014132
The applicant states, in effect, that item 22 of his DD Form 214 does not show his dates of creditable service. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 6 July 1964 for 3 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 22c of the applicant's DD Form 214 a credit of 7 months and 10 days and providing him a corrected separation document as a result of...
ARMY | BCMR | CY2010 | 20100022164
The applicant requests, in effect, correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...
ARMY | BCMR | CY2009 | 20090018701
The applicant requests upgrade of his general under honorable conditions discharge to an honorable discharge. Accordingly, the applicant was discharged on 3 October 1967 with a general discharge under the provisions of Army Regulation 635-212 for unsuitability due to character and behavior disorder. Evidence of record shows the applicant's total service extended from 1 March 1966 to 3 October 1967 for a period of 1 year, 7 months, and 2 days.
ARMY | BCMR | CY2010 | 20100019732
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in: * Item 5a (Grade, Rate or Rank) and item 5b (Pay Grade) his rank and pay grade as specialist five (SP5)/E-5 * Item 22 (Statement of Service) the entry 2 years, 9 months, and 29 days * Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) award of the Purple Heart 2. Summary Court-Martial Order Number 4,...
ARMY | BCMR | CY2010 | 20100008581
This regulation further states when a member returned from an absence that is or appears to be unauthorized, the unit commander will informally investigate the case at once. A copy of the applicant's DA Form 20 shows the AWOL time during the period 25 September 1969 - 4 November 1969 was to be made good per the letter from the 257th Replacement Company, dated 11 April 1970. Therefore, this portion of his DD Form, 214 should be corrected to remove the erroneous period of AWOL and to show 40...
ARMY | BCMR | CY2010 | 20100028921
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. He was discharged on 5 October 1973 under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. _____________X____________ CHAIRPERSON I certify that...