IN THE CASE OF:
BOARD DATE: 27 July 2010
DOCKET NUMBER: AR20100000822
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his initial active service during the Vietnam era.
2. The applicant states the Department of Veterans Affairs (VA) requires this correction.
3. The applicant does not provide any additional documents.
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 applicants military records show that he enlisted in the Regular Army on 18 July 1974, served in Korea from 2 April 1975 to 20 May 1976, and was discharged for immediate reenlistment on 27 June 1977. At that time he was issued a DD Form 214 covering that enlistment.
3. The applicant served continuously and was promoted to pay grade E-8. He was honorably retired 31 July 1996 and placed on the Retired List the following day. The DD Form 214 he was issued shows that he had 2 years, 11 months, and 10 days of prior active service.
4. Army Regulation 635-5 (Separation Documents) currently in effect provides that, effective 1 October 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant was issued a DD Form 214 for his first enlistment, as prescribed by Army regulations in effect at the time.
2. As such, his second DD Form 214 had to start the day after the effective date of his first DD Form 214. The applicant's records show this was accomplished and his second DD Form 214 accounts for the applicant's first period of enlistment by showing it as prior active service.
3. The applicant is being provided a copy of his initial DD Form 214 for the period of service from 18 July 1974 through 27 June 1977 for his records.
4. The ABCMR does not change properly constituted records to comply with the needs of other agencies.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100000822
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100000822
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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