IN THE CASE OF:
BOARD DATE: 31 August 2010
DOCKET NUMBER: AR20100011173
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 latest DD Form 214 (Report of Separation from Active Duty) to show all of his active duty service.
2. The applicant states that his date of entry was 14 June 1971, but his DD Form 214 shows that date of his reenlistment while he was stationed in the Republic of Korea.
3. The applicant provides a copy of his latest DD Form 214 and a letter from the Department of Veterans Affairs requesting that his DD Form 214 be corrected.
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 shows the applicant enlisted on 15 June 1971 for 3 years. On 5 October 1972, he was assigned to the 609th Ordnance Company, which was located in Pusan, Korea. He was discharged on 18 September 1973 for the purpose of immediate reenlistment.
3. The applicant's DD Form 214 effective 18 September 1973 shows he had completed 2 years, 3 months, and 4 days of creditable active duty service.
4. On 19 September 1973, the applicant reenlisted for a period of 4 years. He completed these 4 years of active duty service and he was discharged on 19 November 1977. He had attained the rank of specialist four/pay grade E-4 and had completed a total of 6 years, 3 months, and 4 days of creditable active duty service.
5. The applicant's DD Form 214 issued on 19 November 1977 shows in item 18 (Record of Service) that he had completed 4 years of active duty service during this period and had completed 2 years, 3 months, and 4 days of prior active duty service.
6. Army Regulation 635-5 (Separation Documents), then in effect, provided detailed instructions for completing separation documents, including the DD Form 214. It provided that the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty. It showed a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his latest DD Form 214 should be corrected to show all of his active duty service.
2. The evidence of record clearly shows the applicant entered active duty on 15 June 1971, reenlisted on 19 September 1973, and was last discharged on 19 November 1977.
3. The applicant was issued two DD Forms 214 that clearly shows all of his active duty service. The governing regulation at the time did not authorize combining more than one period of active duty onto a single DD Form 214. A copy of his DD Form 214 for the period ending 18 September 1973 will be provided to him.
4. There is no evidence of error, injustice, or inequity in this case. Therefore, 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) AR20100011173
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ABCMR Record of Proceedings (cont) AR20100011173
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