IN THE CASE OF:
BOARD DATE: 16 September 2010
DOCKET NUMBER: AR20100007979
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 that his records be corrected to show he served on active duty for 19 years, 2 months, and 4 days.
2. The applicant states he took an early retirement on 31 May 1995 and believes the separation point did not do a thorough count of his active duty time.
3. The applicant provides copies of a Certification of Military Service, two DD Forms 214 (Certificate of Release or Discharge from Active Duty), and a Social Security Administration verification of his Social Security Number.
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 Army Reserve (USAR) on 6 July 1976 under the Delayed Entry Program (DEP) with enlistment in the Regular Army on 3 November 1976. [The Certification of Service issued to replace the missing DD Form 214 incorrectly shows entry on 2 November 1976.]
3. The applicant had an immediate reenlistment on 3 November 1978 and served until 2 November 1982. While still on active duty, the applicant applied for and was accepted for enlistment in the USAR.
4. The 2 November 1982 DD Form 214 shows 4 years of active service for this period with 2 years of prior active service and 3 months and 27 days of prior inactive service. It also shows transfer to the USAR.
5. The applicant was discharged from the USAR to enlist in the Regular Army on 29 March 1983.
6. The applicant served on continuous active service until 31 May 1995 when he elected to retire under the Voluntary Early Retirement Program.
7. The applicant's 31 May 1995 DD Form 214 shows 12 years, 2 months, and 2 days of active duty with 6 years of prior active service and 8 months and 23 days of prior inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he took an early retirement on 31 May 1995 and believes the separation point did not do a thorough count of his active duty time.
2. The applicant's periods of service cover a period of 18 years, 10 months and 25 days of which he served 18 years, 2 months, and 2 days on active duty.
* date of retirement 1995 05 31 (*30)
* date of initial enlistment - 1976 07 06
* total period of service 18 10 25 (**)
* periods of inactive service
* 1976 11 02 1983 03 28 total period 18 10 25
* - 1976 07 06 - 1982 11 03 inactive service - 08 23
* 03 27 04 26 total active service 18 02 02
(*for time calculations the Army considers all months to have 30 days)
(** 1 inclusive day is always added when dates are subtracted from dates)
3. The record does not contain and the applicant has not provided any evidence to show he had an additional year of active service. Therefore, no relief is warranted.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20100007979
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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