BOARD DATE: 15 June 2010
DOCKET NUMBER: AR20090020844
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 item 15 (Date Entered Active Duty This Period) on his DD Form 214 (Report of Separation from Active Duty) for the period ending 30 August 1979. He also requests his DD Form 214 be corrected to show his service in the U.S. Army Reserve (USAR).
2. The applicant states:
* His entry date into the service is not correct, it should be 1968 or 1969
* His time in the USAR in Illinois is not stated on his DD Form 214
* He started in the USAR in 1979 or 1980 at an engineering unit
3. The applicant provides a:
* DD Form 214
* Certification of Military Service
* DD Form 4/1 (Enlistment Document)
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 was inducted into the Army of the United States on 14 January 1969. He was honorably discharged on 18 March 1969 for immediate enlistment in the Regular Army. He enlisted in the Regular Army on 19 March 1969 for a period of 3 years. On 30 June 1971, he was honorably discharged for immediate reenlistment.
3. There is no DD Form 214 for the period 14 January 1969 to 30 June 1971 (total of 2 years, 5 months, and 17 days) in the available records. However, his records contain a Certification of Military Service for this period of service.
4. The applicant reenlisted on 1 July 1971 for a period of 6 years. On
12 February 1976, he extended his enlistment for a period of 23 months. On
30 August 1979, he was honorably discharged.
5. Item 15 on the applicant's DD Form 214 for the period ending 30 August 1979 shows the entry "71 07 01" [1 July 1971]. Item 18b (Prior Active Service) shows he had 2 years, 5 months, and 17 days of prior active service. Item 18d on this DD Form shows the entry "0 0 0."
6. The applicant enlisted in the USAR on 21 December 1979 for a period of
1 year. He was honorably discharged from the USAR on 20 December 1980.
7. Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldiers 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was inducted on 14 January 1969 and honorably discharged on 30 June 1971, data which is properly reflected on his Certification of Military Service. He entered into a continuous period of Regular Army service beginning on 1 July 1971, which is properly reflected in item 15 on his DD Form 214 for the period ending 30 August 1979. Additionally, his period of prior active service (from 14 January 1969 to 30 June 1971, a total of 2 years, 5 months, and 17 days) is properly reflected in item 18b on his DD Form 214 for the period ending 30 August 1979. Therefore, there is no basis for granting the applicants request to amend item 15 of his DD Form 214 for the period ending 30 August 1979.
2. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
Evidence of record shows the applicant enlisted in the USAR on 21 December 1979, 4 months after his release from active duty. Therefore, there is no basis for granting the applicant's request to show his service in the USAR on his
DD Form 214 for the period ending 30 August 1979.
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) AR20090020844
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ABCMR Record of Proceedings (cont) AR20090020844
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