IN THE CASE OF:
BOARD DATE: 5 October 2010
DOCKET NUMBER: AR20100010844
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 his DD Form 214 (Report of Separation from Active Duty) for the period ending 5 January 1979 to show his entry date as 1 June 1974.
2. The applicant states his mother signed him into the Oklahoma Army National Guard (OKARNG) because he was 16 years old at the time. He entered the OKARNG with a 6-year enlistment and he was also married at the time.
3. The applicant provides a copy of his DD Form 214, dated 7 February 1976.
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's records show he enlisted in the OKARNG for a period of 6 years on 25 July 1975. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he executed the oath of enlistment on 25 July 1975.
3. His records also show he entered active duty for training (ADT) on 9 October 1975. He completed basic combat and advanced individual training at Fort Leonard Wood, MO, and he was awarded military occupational specialty 12B (Combat Engineer). He was honorably released from active duty (REFRAD) to the control of his ARNG unit on 7 February 1976. The DD Form 214 he was issued shows he completed 3 months and 29 days of total active service.
4. He was ordered to active duty on 21 July 1977 and he subsequently served in Germany from on or about 15 August 1977 to on or about 4 January 1979.
5. He was honorably discharged from active duty on 5 January 1979. He completed 1 year, 5 months, and 15 days of net active service this period. The DD Form 214 he was issued for this period of active service shows the following entries:
* item 15 (Date Entered Active Duty (AD) This Period) shows "77 07 21"
* item 9d (Effective Date (of Separation This Period) shows "79 01 05"
* item 18a (Net Active Service This Period) shows "01 05 15"
* item 18b (Prior Active Service) shows "00 04 15" (it should have been
"00 03 29")
* item 18c (Total Active Service) shows "01 09 30" (it should have been
"01 09 14")
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. Item 9d shows the effective date of discharge shown on the separation order. Item 15 shows the date entered active duty for the period covered by the DD Form 214. Item 18 shows the record of service between the dates shown in items 9d and 15.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the OKARNG on 25 July 1975; he did not enlist on 1 June 1974 as he indicated. Even if he did,
his records show he entered ADT on 9 October 1975 and he was REFRAD on
7 February 1976. He was issued a DD Form 214 that captured this period of active duty.
2. The evidence of record also shows he was ordered to active duty on 21 July 1977 and he was honorably discharged on 5 January 1979. He was also issued a DD Form 214 that captured his active service for this period as well as his prior active service.
3. The DD Form 214 is a summary of a Soldiers 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. Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced. The applicants DD Form 214 correctly reflects his record of service and contains no errors. Therefore, there is no basis for granting the applicant's requested relief.
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) AR20100010844
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010844
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140003400
The applicant requests, in effect, correction of his DD Form 214 (Report of Separation and Record of Service) as follows: * item 15 (Date Entered Active Duty This Period) to show 29 January 1975 vice 25 June 1975 * item 18f (Foreign and/or Sea Service This Period) to add his service from 15 January 1979 to 28 February 1979 in support of the Return of Forces to Germany (REFORGER) Exercise * item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or...
ARMY | BCMR | CY2013 | 20130003169
The applicant requests his DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 September 1979 be corrected to show his correct dates of active service. The applicant provides his: * DD Form 214 with an effective date of 10 September 1979 * General Discharge Certificate, dated 10 September 1979 CONSIDERATION OF EVIDENCE: 1. Item 9d (Effective Date) contains the entry "75 04 28" or 28 April 1975. c. Item 18a (Net Active Service This Period) contains the entry "0...
ARMY | BCMR | CY2012 | 20120011673
The applicant's military record shows he enlisted in the Maryland ARNG (MDARNG), in pay grade E-1, on 10 January 1976, for 6 years. The evidence of record also shows the information entered in Items 18a through f are the correction computations of his period of ARNG service from 10 January through 13 March 1976 and AD service from 14 March through 18 June 1976. As a result, the Board recommends denial of so much of the application that pertains to correction to the following on this DD...
ARMY | BCMR | CY2014 | 20140004620
The applicant requests correction of his 16 November 1975 DD Form 214 (Report of Separation from Active Duty) and 5 September 1981 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show active duty service (ADS) credit that was granted by the Army Board for Correction of Military Records (ABCMR) to correct his military service records. The Board found the applicant was transferred to the U.S. Army Reserve (USAR) on 16 November 1975 with 16 years, 3 months, and 26 days of...
ARMY | BCMR | CY2010 | 20100025724
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. On 29 March 1978, RCPAC issued an AGUZ Form 115 documenting the applicant's retirement points for the period 6 January 1977 through 5 January 1978 and it shows he served on...
ARMY | BCMR | CY2005 | 20050003638C070206
The applicant requests, in effect, that item 9d (Effective Date/Year/Month/ Day) be corrected to show the entry "76 10 01' (1 October 1976) instead of the entry "76 09 27" (27 September 1976), that item 18a (Record of Service/Net Active Service This Period) be corrected to show the entry "02 00 00" (2 years) instead of the entry "01 11 26" (1 year, 11 months, and 26 days) and item 18c (Record of Service/Total Active Service) of his DD Form 214 (Report of Separation From Active Duty)...
ARMY | BCMR | CY2011 | 20110001777
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his date of entry on active duty as 16 June 1971. The applicant provides his DD Form 214 for the period ending on 7 June 1977 and a DD Form 215 (Correction to DD Form 214), dated 15 March 1978. The applicant's DD Form 214 correctly reflects his record of service and contains no errors.
ARMY | BCMR | CY2010 | 20100020951
The applicant requests correction of item 15 (Date Entered Active Duty This Period) on his DD Form 214 (Report of Separation from Active Duty) to show his entry date as 14 January 1979 instead of 14 April 1979. Item 15 on his DD Form 214 shows he entered active duty on 14 April 1979. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry 79 04 14 from item 15 of his DD Form 214 and replacing it with the...
ARMY | BCMR | CY2001 | 2001062701C070421
The applicant’s Officer Record Brief (ORB), dated 29 January 1996, shows that she entered active duty on 13 August 1981. The evidence or record clearly shows that the applicant entered AD in the Regular Army on 13 August 1981 and that item 12a (Date Entered AD This Period) of her DD Form 214, dated 30 September 1996, is incorrect. The Board also notes that the applicant completed 186 days of ADT during the period 10 September 1979 to 12 August 1981.
ARMY | BCMR | CY2011 | 20110010197
The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued for this period of service shows he completed 1 year, 11 months, and 7 days of active service. The DD Form 214 he was issued shows he completed 2 years and 9 months of active service during this period. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.