IN THE CASE OF:
BOARD DATE: 19 October 2010
DOCKET NUMBER: AR20100010880
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 (Certificate of Release or Discharge from Active Duty) ending on 18 December 1984, to show his total active duty service as 18 years, 6 months, and 26 days.
2. The applicant states that the computation of his total active duty service did not include all of his active duty service.
3. The applicant provides, in support of his application, copies of his DD Form 214 ending on 18 December 1984; NA Form 13038 (Certification of Military Service); and a sheet indicating his service in each year from 1965 through 1984.
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 evidence of record, including DD Forms 214, DD Forms 4 (Enlistment Contracts), DA Form 20 (Enlisted Qualification Record), and his DA Form
2-1(Personnel Qualification Record - Part II) shows the applicant's periods of active duty service as follows:
* 30 August 1965 to 30 August 1966: 1 years 0 months 1 Day
* 31 August 1966 to 28 August 1970: 3 11 28
* 15 January 1971 to 15 March 1971: 0 2 1
* 16 March 1971 to 17 December 1974: 3 9 2
* 18 December 1974 to 10 July 1984: 9 6 23
* Total active duty service 18 years 5 months 25 days
3. The applicant had 4 months and 16 days of prior inactive service from
29 August 1970 to 14 January 1971.
4. The applicant's evidence contains a sheet indicating a total of 18 years,
6 months, and 26 days. However, it does not provide the source of the data used or whether it includes his inactive service.
5. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for a Record of Service in Item 12, specifying the exact periods of time served on active duty during the current period. It also provides for a total of prior active duty and inactive duty service
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 ending on 18 December 1984, should be corrected to show an additional month and 2 days of active duty service.
2. The evidence of record clearly shows that the applicant served on several enlistments totaling 18 years, 5 months, and 25 days. The active duty service recorded on his latest DD Form 214 reflects this same amount of active duty service, plus 4 months and 16 days of inactive service.
3. The applicant has not provided any convincing argument or documentary evidence sufficient to show that the active duty service recorded on his DD Form 214 is in error.
4. In view of the above, the applicant's request should be denied.
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) AR20100010880
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ABCMR Record of Proceedings (cont) AR20100010880
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