Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100010880
Original file (20100010880.txt) Auto-classification: Denied

		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 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 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100010880



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080001615

    Original file (20080001615.txt) Auto-classification: Approved

    His DD Form 214 issued at the time of his REFRAD indicates in block 12a. that he entered active duty this period on 25 September 1976. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on his DD Form 214 dated 31 August 1999, in block 12a., that he entered active duty this period on 7 July 1984, that he served 15 years, 1 month and 24 days of Net Active Service this period in block 12c., that he served 7 years, 9...

  • ARMY | BCMR | CY2004 | 20040008564lC070208

    Original file (20040008564lC070208.doc) Auto-classification: Denied

    The applicant requests that his 18 December 1990 DD Form 214 (Certificate of Release or Discharge) be corrected at items 11 (Primary Specialty), 12a (Date of Entry onto Active Duty this Period), and 12c (net active service this period). The applicant states, in effect, that his orders indicate he entered active duty on 18 December 1984 and as such he served on active duty for 6 years, and would have had a total of over 18 years of Federal service. Therefore, there is insufficient evidence...

  • ARMY | BCMR | CY2009 | 20090003227

    Original file (20090003227.txt) Auto-classification: Approved

    The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty in the RA this period on 14 April 1978 and was honorably retired from active duty on 31 March 1994 based on sufficient service for retirement. The evidence of record further shows that these two periods of inactive and active service are accurately documented on the applicant’s DD Form 214 with an effective date of 18 March 1971. As a result, the applicant's DD Form 214 with an effective date...

  • ARMY | BCMR | CY2010 | 20100026103

    Original file (20100026103.txt) Auto-classification: Approved

    The applicant requests, in effect, correction to Items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1979 and the issuance of a DD Form 215 (Correction to DD Form 214). His last DD Form 214 only shows he served 2 years of active service. The evidence of record shows he enlisted and served in the TXARNG from 8 January through 14 August 1963, a period of 7...

  • ARMY | BCMR | CY2007 | 20070018144

    Original file (20070018144.txt) Auto-classification: Approved

    These orders confirm the applicant's retired pay percentage was based on his completion of 20 years, 1 month and 13 days of active military service, and that his retired basic pay rate was based on his completion of a total of 26 years, 8 months, and 3 days of military service. The evidence of record confirms the applicant reenlisted and entered this particular period of active duty service on 3 October 1972, and not 2 October 1973, as is currently entered in Item 15 of the DD Form 214 in...

  • ARMY | BCMR | CY2001 | 2001058096C070420

    Original file (2001058096C070420.rtf) Auto-classification: Approved

    Orders show the applicant was rated for physical disability by the Army and was separated by the Army from active duty with entitlement to disability severance pay in the amount of $2007.60 effective 30 October 1984 based on 4 years, 9 months and 10 days of service computed under 10 USC 1208. b. that, based on evidence of record, 4 years, 9 months and 10 days is the correct amount of active service performed by the applicant as a member of the USMC; therefore, it is also the correct amount...

  • ARMY | BCMR | CY2014 | 20140019806

    Original file (20140019806.txt) Auto-classification: Approved

    Therefore, based on the evidence of record, there is no basis to correct item 15 of his DD Form 214 as it correctly shows the date he entered active duty this period. However, based on the evidence of record, it would be appropriate to issue the applicant a document showing his honorable period of service in the RA from 23 August 1968 through 30 May 1971. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing an...

  • ARMY | BCMR | CY2003 | 2003090095C070212

    Original file (2003090095C070212.rtf) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an ending date of 17 September 1984, to show he entered active duty on 17 November 1971 and to show his correct total active service. The evidence of record shows he was issued a DD Form 214 that covers this period of active duty service. The evidence of record shows the applicant was inducted in the Army on 17 November 1971 and that he continuously served on active...

  • ARMY | BCMR | CY2009 | 20090004429

    Original file (20090004429.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records by issuing one DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his military education and the military service that he completed. The applicant’s military personnel records contain a DD Form 214 that shows he entered active duty this period on 11 May 1992 and was honorably discharged on 18 September 1997, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),...

  • ARMY | BCMR | CY2003 | 03091704C070212

    Original file (03091704C070212.rtf) Auto-classification: Approved

    He was discharged on 29 August 1991. Officers on active duty should submit a copy of the SMP contract, commissioning orders, Statement of Service for Computation of Length of Service for Pay Purposes (DA Form 1506) or DD Form 214, to their respective Personnel Officer. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.