IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100008200
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 item 18a through item 18f under Record of Service of his 10 October 1975 DD Form 214 (Report of Separation from Active Duty) be corrected to add the missing data.
2. The applicant states the data is missing from the following items on his DD Form 214:
* item 18a (Net Active Service This Period)
* item 18b (Prior Active Service)
* item 18c (Total Active Service)
* item 18d (Prior Inactive Service)
* item 18e (Total Service for Pay)
* item 18f (Foreign and/or Sea Service This Period)
3. The applicant provides a copy of his DD Form 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. The applicant's records show he enlisted in the Regular Army on 12 October 1972 for a period of 3 years. On 10 October 1975 he was honorably released from active duty.
3. Data pertaining to the applicant's record of service in items item 18a through item 18f of his DD Form 214 is missing.
4. The applicant's enlistment contract verifies the effective date of his enlistment as 12 October 1972. His separation orders, Special Orders Number 246 Extract, dated 3 September 1975, show the effective date of his reassignment to the transfer point as 10 October 1975.
5. There are no documents in the applicant's available file that indicate he had prior active or inactive service, foreign service, or lost time. Additionally, item 21 (Time Lost) of his DD Form 214 contains the entry "NA" [not applicable].
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Instructions for item 18 state that all service shown in item 18(a) through item 18(e) will be less time lost under Title 10, U.S. Code, section 972, and time lost subsequent to the expiration of the term of service.
DISCUSSION AND CONCLUSIONS:
Based on the following calculations, the applicant's records should be corrected as follows:
1975 10 10 date of separation
- 1972 10 12 date of entry
= 2 11 28
+ 1 day inclusive
= 2 11 29
* item 18a: 2 years, 11 months, and 29 days
* item 18b: 0
* item 18c: 2 years, 11 months, and 29 days
* item 18d: 0
* item 18e: 2 years, 11 months, and 29 days
* item 18f: 0
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 adding to the applicant's 10 October 1975 DD Form 214:
* item 18a: 2 years, 11 months, and 29 days
* item 18b: 0
* item 18c: 2 years, 11 months, and 29 days
* item 18d: 0
* item 18e: 2 years, 11 months, and 29 days
* item 18f: 0
____________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) AR20100008200
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ABCMR Record of Proceedings (cont) AR20100008200
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