IN THE CASE OF:
BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090019767
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 records to show that he served in the Army from 23 September 1974 through 22 September 1978.
2. The applicant states his service records should show he served from 24 March 1970 through 23 March 1973 and from 23 September 1974 through 30 September 1995, the date of his retirement. He states in effect, he is entitled to retirement benefits based on 24 years of service rather than 22 years of service.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record).
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 24 March 1970 for a period of 3 years. He completed training as a light weapons infantryman.
3. After completing 3 years of total active service, he was honorably released from active duty on 23 March 1973 and was transferred to the United States Army Control Group (Reinforcement) to complete is Reserve obligation. He was furnished a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect this period of service.
4. On 23 September 1974, he enlisted in the RA for 4 years. After completing 3 years, 9 months, and 3 days of net active service this period, the applicant was honorably released from active duty on 15 June 1978, for the purpose of immediate reenlistment. He was issued a DD Form 214 to reflect this period of service.
5. On 26 June 1978, the applicant reenlisted in the RA for a period of 3 years. He remained on active duty through a series of reenlistments and extensions.
6. After completing 17 years, 3 months, and 5 days of net active service this period the applicant was retired from the RA, due to obtaining sufficient service for retirement. He was issued a DD Form 214 to reflect this service and his total prior active service of 6 years, 9 months and 3 days.
7. A calculation of the applicant's service reveals that he had 24 years and 8 days of total active service.
8. Information obtained from the Defense Finance and Accounting Service (DFAS) reveals that the applicant is currently receiving retired pay based on his 24 years and 8 days of total active service.
9. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty or discharge.
DISCUSSION AND CONCLUSIONS:
1. A review of the available records does not show an error in the applicant's dates of service in the RA.
2. He was issued three DD Forms 214 to show all of his service in the RA and a calculation of his service, along with information obtained from DFAS, reveals that he completed 24 years and 8 days of total active service, for which he is currently receiving retired pay.
3. There is no basis for changing the dates of service currently reflected in his official records and the applicant has not provided evidence that shows he is receiving retirement benefits based on 22 years of total active service instead of 24 years.
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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