IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20090021977
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 11d (Effective Date) and item 17c (Date of Entry) of his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states:
* his date of entry should be 10 January 1967
* his date of discharge should be January 1973
* he was in the service for 24 months and sent home for 30 months awaiting orders which the Army lost
* he was sent back into the service for 10 more months and discharged in January 1973
3. The applicant provides copies of his:
* DD Form 214
* Reassignment orders
* Shot records
* Proficiency card
* U.S. Army Reserve (USAR) discharge orders
* USAR Honorable Discharge Certificate
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 on 10 January 1967 for a period of 3 years. He was honorably discharged on 19 November 1967 for immediate reenlistment.
3. Item 17c of the applicant's DD Form 214 for the period ending 19 November 1967 shows the entry "10 Jan 67" [10 January 1967]. Item 22a(1) (Net Service This Period) on this DD Form 214 shows the entry "0 10 10" [10 months and
10 days].
4. The applicant reenlisted on 20 November 1967 for a period of 3 years. Records show he had 751 days of lost time from 1 April 1969 to 21 April 1971. On 9 February 1972, the applicant was released from the custody and control of the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-12. He was transferred to the USAR Control Group (Annual Training) to complete his remaining Reserve obligation.
5. Item 11d of the applicant's DD Form 214 for the period ending 9 February 1972 shows the entry "9 Feb 72" [9 February 1972]. Item 17c of this DD Form 214 shows the entry "20 Nov 67" [20 November 1967]. Item 22a(2) (Other Service) on this DD Form 214 shows the entry " 0 10 10" [10 months and
10 days].
6. On 1 January 1973, the applicant was honorably discharged from the USAR.
7. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized
procedures for the preparation and distribution of these documents. 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 (emphasis added). Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated, in effect, that for item 11d, enter the date separation is accomplished and for item 17c, enter the date of entry.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. Evidence of record shows the applicant enlisted in the Regular Army on
10 January 1967, which is properly reflected on his DD Form 214 for the period ending 19 November 1967. He immediately reenlisted in the Regular Army on
20 November 1967, which is properly reflected on his DD Form 214 for the period ending 9 February 1972. Additionally, his period of prior active service (from 10 January 1967 to 19 November 1967, a total of 10 months and 10 days) is properly reflected in item 22a(2) of his DD Form 214 for the period ending
9 February 1972. Therefore, there is no basis for granting the applicants request to amend item 17c of his DD Form 214 for the period ending 9 February 1972.
3. Since the applicant was discharged from the USAR on 1 January 1973, almost 1 year after his release from active duty, there is no basis for amending item 11d of his DD Form 214 for the period ending 9 February 1972.
4. A copy of the applicant's DD Form 214 for the period ending 19 November 1967 will be provided to the applicant with these Proceedings.
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) AR20090021977
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090021977
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