BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20090021452 


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 24a (3) (Total) and 24b (Total Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 29 March 1965 be corrected to show he completed 3 years, 5 months, and 16 days of active service.

2.  The applicant states his DD Form 214 only lists his Regular Army (RA) active service; it does not account for his prior U.S. Coast Guard (USCG) service.  

3.  The applicant provides a copy of his DD Form 214, dated 29 March 1965.

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.  Prior to his induction into the Army of the United States (AUS), the applicant completed a DA Form 398 (Statement of Personal History) on 15 April 1963.  He indicated he served in the USCG as a cadet from 10 July 1959 to 28 December 1960.  

3.  The applicant's records show he was inducted into the AUS on 1 April 1963.  Items 8 (Prior Military Service) of his DD Form 47 (Record of Induction) indicates he previously served as a cadet in the USCG Academy from 10 July 1959 to 28 December 1960.  

4.  He was trained in and held military occupational specialty 675.20 (Single Engine Rotary Wing Helicopter Mechanic).  

5.  He was honorably released from active duty on 29 March 1965 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.  His DD Form 214 shows the following entries:

* Item 24a (1) (Net Service This Period) shows the entry "1  11  29"
* Item 24a (2) (Other Service) shows the entry "1  5  18"
* Item 24a (3) shows the entry "3  0  17"
* Item 24b shows the entry "1  11  29"

6.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  The version of this regulation in effect at the time (15 August 1963) states:

		a.  Item 24a (1) shows the total service completed between the dates shown in item 16 (Date Inducted) or 19c (Date of Entry) and 11d (Effective Date of Release, Separation, or Discharge) less lost time.

		b.  Item 24a (2) shows all prior service excluding any service shown in item 24a (1).  This includes any period served in the USAR or Army National Guard (ARNG) as a Reservist not on active duty during current enlistment.

		c.  Item 24a (3) shows total service (in items 24a (1) and 24a (2)).


		d.  Item 24b shows the total active service the individual has completed beginning with the earliest period of active service up to an including current period of active duty, less any period served in the USAR or ARNG not on active duty and less lost time.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the AUS on 1 April 1963 and he was honorably separated on 29 March 1965.  He completed 1 year, 11 months, and 29 days of total Army active service which is correctly shown in items 24a (1) of his DD Form 214. 

2.  He previously served in the USCG as a cadet from 10 July 1959 to 28 December 1960.  He completed 1 year, 5 months, and 18 days of prior service which is also correctly shown in item 24a (2) of his DD Form 214.

3.  However, item 24a (3) is incorrect.  When adding 24a (1) and 24a (2), his total service equals 3 years, 5 months, and 17 days.  His DD Form 214 incorrectly shows this period as 3 years, 0 months, and 17 days in item 24a (2).  Therefore, his DD Form 214 should be corrected to show 3 years, 5 months, and 17 days in items 24a (3).

4.  With respect to item 24b, his DD Form 214 correctly shows completion of 1 year, 5 months, and 8 days of active service.  Cadet service is not considered active service and therefore it would not be shown in item 24b.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x____  __x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entries "3  0  17" from item 24a (3) and adding "3  5  17" in its place. 

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting item 24b of his DD Form 214.



      _______ _  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)                                         AR20090021452



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ABCMR Record of Proceedings (cont)                                         AR20090021452



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