IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008051 


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 to Item 17c (Date of Entry) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 August 1973.

2.  He states his DD Form 214 should be corrected to show his date of entry was 11 September 1967.  His commissioning date was 28 June 1968.  As it is now, the DD Form 214 does not reflect 8 weeks of basic training, 8 weeks of advanced individual training (AIT), or the 6 months he spent at officer candidate school (OCS).  

3.  He provides copies of documents showing he completed basic training and AIT.

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.  His military records show he enlisted in the United States Army Reserve (USAR) Control Group Delayed Entry Program (DEP) on 2 June 1967.  He enlisted in the Regular Army, in pay grade E-1, on 11 September 1967, for 2 years.  He enlisted as an OCS option enlistee.  

3.  Upon completion of Pre-OCS training and OCS graduation, he was appointed in the USAR, as a second lieutenant, effective 28 June 1968 and he was ordered to active duty on the same date.  There is no evidence he was issued a DD Form 214 for the period of service covering his enlisted status from 11 September 1967 through 27 June 1968. 

4.  He served continuously on active duty until he was honorably discharged, as a captain, on 24 August 1973.  He was issued a DD Form 214 which shows in Item 17c, 28 June 1968.  Item 22a(1) (Net Service This Period) of his DD Form 214 shows he was credited with 5 years, 1 month, and 27 days of net active service.  Item 22a(2) (Other Service) shows he was credited with 1 year and 26 days of other service.  Item 22a(3) (Total Line (1) plus Line (2)) shows he was credited with 6 years, 2 months, and 23 days of total service.  Item 22b (Total Active Service) shows he was credited with 5 years, 11 months, and 14 days of total active service.

5.  Army Regulation 635-5 (Personnel Separation – Separation Documents), then in effect, governed the preparation of the DD Form 214.  The regulation stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  For officer personnel, the date of entry on the individual’s current tour of active duty would be entered in Item 17c.  For officer personnel, Item 22a(1) would list the total service amount completed between the inclusive dates of the current tour of duty.  For officer personnel, Item 22a(2) would list all prior service credited for basic pay purposes.  Item 22a(3) would list the total amounts of lines 1 & 2.  Item 22b would list the total active service the individual completed beginning with the earliest period of active service up to and including the current period of active duty, less any period served in the USAR not on active duty, and less time lost.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows he served in the USAR Control Group DEP from 2 June to 10 September 1967, a period of 3 months and 9 days.  He enlisted in the Regular Army on 11 September 1967 and served in an enlisted status until 27 June 1968, a period of 9 months and 17 days.  While on active duty, he was appointed in the USAR on 28 June 1968 and ordered to active duty.  He was released from active duty on 24 August 1973 and provided a DD Form 214.

2.  In accordance with regulatory guidance, Item 17c of his DD Form 214 properly shows the date (28 June 1968) as his entry date on his current tour of active duty in an officer status.  Item 22a(1) properly shows the total amount of service completed between 28 June 1968 (inclusive date of current tour of duty) through 24 August 1973, a period of 5 years, 1 month, and 27 days.  Item 22a(2) properly shows the total amount of service in the USAR DEP (2 June to 
10 September 1967) and enlisted time from 11 September 1967 to 27 June 1968.  Item 22b properly shows his amount of total active service completed beginning with his earliest period of active service (11 September 1967) up to and including his current period of active service (28 June 1968 to 24 August 1973). 

3.  Based on the foregoing, Item 17c his DD Form 214 properly shows he entered active duty on 28 June 1968.  Therefore, he is not entitled to correction of this DD Form 214, Item 17c, to show he entered on active duty on 11 September 1967.

4.  The evidence of record he served in an enlisted status from 11 September 1967 through 27 June 1968.  There is no evidence he was issued a DD Form 214 covering this period of service.  Therefore, it would be appropriate to issue him a Certificate of Service for the period from 11 September 1967 through 27 June 1968.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a Certificate of Service for his enlisted service from 11 September 1967 through 27 June 1968.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction to Item 17c of his DD Form 214, to show he entered on active duty on 11 September 1967.



      _______ _  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)                                         AR20100008051



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ABCMR Record of Proceedings (cont)                                         AR20100008051


   
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