BOARD DATE:	 1 July 2010 

		DOCKET NUMBER:  AR20090021778 


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 records to show he entered active duty on 18 November 1958.

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 2 March 1962 shows he entered active duty on 3 April 1959; however, he actually entered active duty on 18 November 1958.  He adds he lost over six months of creditable service as a result of this error and it should be corrected.

3.  The applicant provides copies of his DA Form 24 (Service Record), DA Form 20 (Enlisted Qualification Record), and two DD Forms 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 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.  A DD Form 47 (Record of Induction) shows the applicant was inducted into the U.S. Army for a period of 2 years on 18 November 1958.

3.  A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) for a period of 3 years on 
3 April 1959.

   a.  Item 32 (Prior Service) shows he had honorable service from
18 November 1958 through 2 April 1959.

   b.  Item 35 (Total Service) shows he had completed 4 months and 15 days of active service.

4.  A DD Form 214 shows the applicant was honorably discharged on 2 March 1962 to reenlist in the RA.

   a.  Item 19 (Current Active Service Other Than By Induction), block c (Date of Entry), shows he entered active duty this period on 3 April 1959.

   b.  Item 24 (Statement of Service), block a (Creditable for Basic Pay Purposes), shows in:

* line 1 (Net Service This Period) - 2 years, 10 [sic] months, and 0 days
* line 2 (Other Service) - 0 years, 4 months, and 15 days
* line 3 (Total) - 3 years, 2 [sic] months, and 15 days

   c.  Item 24, block b (Total Active Service) - 3 years, 2 [sic] months, and
15 days.

5.  A DD Form 4 shows the applicant reenlisted in the RA for a period of 6 years on 3 March 1962.

   a.  Item 32 shows he had honorable service from 3 April 1959 through
2 March 1962.

   b.  Item 35 shows he had completed 3 years, 2 [sic] months, and 15 days of active service.

6.  A DD Form 214 shows the applicant was discharged under honorable conditions on 9 July 1963.

   a.  Item 19, block c, shows he entered active duty this period on 3 March 1962.
   b.  Item 24, block a, shows in:

* line 1 - 1 year, 4 months, and 7 days
* line 2 - 3 years, 2 [sic] months, and 15 days
* line 3 - 4 years, 6 [sic] months, and 19 [sic] days

   c.  Item 24, block b - 4 years, 6 [sic] months, and 19 [sic] days.

7.  The applicant's DA Form 24 and DA Form 20 show he had continuous active duty service from 18 November 1958 through 9 July 1963 with no time lost.

8.  The applicant's military personnel records are absent a copy of a DD Form 214 for the period 18 November 1958 through 2 April 1959.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.

	a.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) provides guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

   b.  Item 24 provides detailed instructions for computing creditable service for basic pay.  For:
   
* block a, line 1, enter the total service completed between the dates shown in item 16 (Date Inducted) or item 19, block c, and item			 11 (Type of Transfer or Discharge), block d (Effective Date);

* block a, line 2, enter all prior service credited for basic pay purposes; and

* block a, line 3, states "self explanatory."

   c.  Item 24, block b, states enter the total active service the individual completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard of the United States or U.S. Army Reserve not on active duty, and less time lost under Title 10, U.S. Code, section 972.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the date of entry on his 2 March 1962 DD Form 214 should be corrected to show he entered active duty on 18 November 1958.

2.  Records show the applicant was inducted into the U.S. Army on 18 November 1958.  He was discharged on 2 April 1959 to reenlist in the RA on 3 April 1959.

   a.  The applicant's military personnel records are absent a copy of a DD Form 214 for the period of active duty from 18 November 1958 through 2 April 1959.

   b.  This period of service equates to 4 months and 15 days of active service.

   c.  Therefore, it would be appropriate to issue to the applicant an appropriate document showing this period of honorable active duty service.

3.  Records show the applicant enlisted in the RA on 3 April 1959 and he was honorably discharged on 2 March 1962.

   a.  This period of service equates to 2 years, 11 months [emphasis added], and 0 days of active service.  His 2 March 1962 DD Form 214 shows in item 24, block a, line 1, that he completed 2 years, 10 months [emphasis added], and
0 days.  Therefore, it would be appropriate to correct item 24, block a, line 1.

   b.  The applicant's other [active] service of 4 months and 15 days plus his
2 years, 11 months, and 0 days of net [active] service this period equates to
3 years, 3 months, and 15 days of total service and total active service.  Therefore, it would also be appropriate to correct item 24, block a, line 3, and item 24, block b, of this DD Form 214.

4.  Records show the applicant reenlisted in the RA on 3 March 1962 and he was discharged on 9 July 1963.

   a.  This period equates to 1 year, 4 months, and 7 days of active service and this service is shown in item 24, block a, line 1, of his 9 July 1963 DD Form 214.

   b.  This DD Form 214 shows in item 24, block a, line 2, that he completed      3 years, 2 months [emphasis added], and 15 days of other service.  

   c.  Records show that his two prior periods of active service of 4 months and 15 days plus 2 years and 11 months equates to 3 years, 3 months [emphasis added], and 15 days.  Therefore, it would be appropriate to correct item 24, block a, line 2 of this DD Form 214.
   d.  The applicant's net active service this period of 1 year, 4 months, and
7 days plus his total other [active] service of 3 years, 3 months, and 15 days equates to 4 years, 7 months, and 22 days of total service and total active service.  Therefore, it would also be appropriate to correct item 24, block a, line 3, and item 24, block b, of this DD Form 214.

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:

   a.  issuing an appropriate document showing his honorable active duty service in the U.S. Army from 18 November 1958 through 2 April 1959;

	b.  correcting his 2 March 1962 DD Form 214 by:

(1) deleting from item 24, block a, line 1, the entry "2 [years], 10 [months],
and 0 [days];

       (2)  adding to item 24, block a, line 1, the entry "2 [years], 11 [months], and 0 [days];

       (3)  deleting from item 24, block a, line 3, the entry "3 [years], 2 [months], and 15 [days];
   
       (4)  adding to item 24, block a, line 3, the entry "3 [years], 3 [months], and 15 [days];

       (5)  deleting from item 24, block b, the entry "3 [years], 2 [months], and
15 [days]; and


       (6)  adding to item 24, block b, the entry "3 [years], 3 [months], and
15 [days]; and

	c.  correcting his 9 July 1963 DD Form 214 by:

       (1)  deleting from item 24, block a, line 2, the entry "3 [years], 2 [months], and 15 [days];

       (2)  adding to item 24, block a, line 2, the entry "3 [years], 3 [months], and 15 [days];
   
       (3)  deleting from item 24, block a, line 3, the entry "4 [years], 6 [months], and 19 [days];

       (4)  adding to item 24, block a, line 3, the entry "4 [years], 7 [months], and 22 [days];

       (5)  deleting from item 24, block b, the entry "4 [years], 6 [months], and    19 [days]; and

       (6)  adding to item 24, block b, the entry "4 [years], 7 [months], and
22 [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)                                         AR20090021778



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ABCMR Record of Proceedings (cont)                                         AR20090021778



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