Search Decisions

Decision Text

ARMY | BCMR | CY2010 | 20100011173
Original file (20100011173.txt) Auto-classification: Denied

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100011173



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080017854

    Original file (20080017854.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of the military occupational specialty (MOS) that is recorded on his discharge document. The applicant’s military personnel records show he enlisted in the Regular Army for a period of 3 years and entered active duty on 31 December 1970. The applicant contends, in effect, that his DD Form 214 should be corrected to show PMOS 76V4O because he was awarded the PMOS when he was promoted to the rank of SGT (E-5) on 4 April 1975.

  • ARMY | BCMR | CY2004 | 20040000867C070208

    Original file (20040000867C070208.doc) Auto-classification: Approved

    LaVerne M. Douglas | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that his latest DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his enlisted service. As a result, the Board recommends that the DD Form 214 for the period ending 29 February 2004 of the individual concerned be corrected: a. in item 12a to show he entered active duty on 2 October 1977; b. in...

  • ARMY | BCMR | CY2013 | 20130016290

    Original file (20130016290.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1992 to show: a. he entered active duty on 11 June 1971 and b. award of the Korea Defense Service Medal (KDSM). The applicant states: * his basic active service date (BASD) is 11 June 1971, but his DD Form 214 shows he entered active duty on 30 November 1977 * his DD Form 214 shows he has prior service and he never left the service until...

  • ARMY | BCMR | CY2014 | AR20140008952

    Original file (AR20140008952.txt) Auto-classification: Approved

    He states his DD Form 214 does not show his service in Vietnam; however, he was there in 1971. His DA Form 20 (Enlisted Qualification Record) shows in: * item 31 (Foreign Service), he completed foreign service in – * U.S. Army Europe (USAREUR) from 1 April 1971 to 18 July 1971 * U.S. Army Pacific (USARPAC)/Republic of Vietnam (RVN) from 9 September 1971 through 22 March 1972 * item 38 (Record of Assignments), he was assigned to duty in Vietnam with two units – * Company H, 75th Rangers, 3rd...

  • ARMY | BCMR | CY2012 | 20120020417

    Original file (20120020417.txt) Auto-classification: Denied

    His DD Form 214 issued at the time of his retirement shows that he entered active duty on 4 April 1977 and that he served 14 years, 3 months and 27 days of net active service this period and 5 years, 10 months and 29 days of prior active service. The applicant was issued DD Forms 214 up to 3 April 1977 in accordance with the regulation in effect at the time. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the...

  • ARMY | BCMR | CY2010 | 20100030416

    Original file (20100030416.txt) Auto-classification: Approved

    The applicant states he served on active duty from 17 November 1971 to 30 June 1992 without a break in service; however, item 11 (Primary Specialty) of his DD Form 214 ending on 30 June 1992 shows he served 20 years, but item 12 (Record of Service) only shows he completed 17 years of active service. The applicant requests correction of his DD Form 214, effective 30 June 1992, to show he entered active duty on 17 November 1971. The evidence shows the applicant was issued DD Forms 214 that...

  • ARMY | BCMR | CY2010 | 20100016180

    Original file (20100016180.txt) Auto-classification: Approved

    His DD Form 214 for the period ending 2 February 1977 shows he was awarded the: * National Defense Service Medal * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Parachutist Badge * two Overseas Service Bars Item 19 (Indochina or Korea Service Since August 5, 1964) of his DD Form 214 shows the entry "x YES" "5MAY68-5MAY69." There is no evidence of record that shows the applicant was awarded an infantry MOS and that he served in an infantryman position. As a...

  • ARMY | BCMR | CY2009 | 20090005907

    Original file (20090005907.txt) Auto-classification: Approved

    The evidence of record shows the applicant was awarded the Vietnam Service Medal. The evidence of record shows that the applicant served in Korea from on or about 25 August 1973 to on or about 2 December 1973. Therefore, he served a qualifying period for award of the Korea Defense Service Medal and is entitled to correction of his DD Form 214 to show this award.

  • ARMY | BCMR | CY2006 | 20060016676

    Original file (20060016676.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his records to show he served on active duty during the period February 1971 to September 1973. The applicant contends, in effect, that his records should be corrected to show that he served on active duty during the period February 1971 to September 1973, that his primary MOS was 71D2O, and his grade at that time was E-6. Issuing an appropriate document to show the applicant served on active duty during the period 18 February 1971 through...

  • ARMY | BCMR | CY2011 | 20110014267

    Original file (20110014267.txt) Auto-classification: Denied

    However, a properly-constituted DD Form 214 shows the applicant was discharged on 24 September 1973, under the provisions of chapter 13, Army Regulation 635-200, by reason of unfitness with a discharge under other than honorable conditions. Although the specific facts and circumstances surrounding the applicant's discharge processing are not available, the evidence does include a properly-constituted DD Form 214 that identifies the authority and reason for the applicant's discharge. ...