IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20090021612
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 item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 10 May 1974 be corrected to show he entered active duty on 13 September 1967. He also requests, in effect, correction of his DD Form 214 to show award of the Bronze Star Medal (BSM), Army Commendation Medal (ARCOM), and Army Good Conduct Medal (AGCM).
2. The applicant states he was inducted into the Army of the United States on 13 September 1967.
3. The applicant provides:
* DD Form 214
* induction orders
* orders for the BSM, ARCOM, and AGCM
* service personnel records
* letter of commendation
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. The applicant was inducted into the Army of the United States on 13 September 1967. He served in Vietnam from 20 February 1968 through 11 February 1969. He was honorably discharged on 12 September 1969 for immediate enlistment in the Regular Army.
3. There is no DD Form 214 for the period 13 September 1967 to 12 September 1969 (2 years) in the available records.
4. The applicant enlisted in the Regular Army on 13 September 1969 for a period of 4 years. He served in Italy from 1 March 1970 through 12 September 1973. On 10 May 1974, the applicant was honorably discharged.
5. Item 15 of the applicant's DD Form 214 for the period ending 10 May 1974 shows the entry "69 09 13" [13 September 1969]. Item 18b (Prior Active Service) of this DD Form 214 shows he had 2 years of prior active service. This DD Form 214 shows the BSM, ARCOM, and AGCM; therefore, this portion of the applicant's request will not be discussed further in this Record of Proceedings.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation in effect at the time stated that for item 15, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. Enter the date in order shown on the DD Form 214, using all numerals, e.g., "73" for year, "01" for January. For item 18 (Record of Service), all service shown in 18(a) through (f) will be less time lost under Title 10, U.S. Code, section 972, and time lost subsequent to the expiration of term of service. For 18(b) (Prior Active Service), enter the total amount of prior active military service less lost time, if any, from the previously-issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
It appears the applicant was inducted into the Army of the United States on 13 September 1967 and was discharged on 12 September 1969 for enlistment in the Regular Army. Although there is no DD Form 214 for this period on file in his official military personnel file, administrative regularity is presumed. The applicant's period of prior active service is properly reflected in item 18(b) of his DD Form 214 for the period ending 10 May 1974. Therefore, there is no basis for granting the applicant's request to amend item 15 of his DD Form 214 for the period ending 10 May 1974.
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) AR20090021612
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ABCMR Record of Proceedings (cont) AR20090021612
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