IN THE CASE OF:
BOARD DATE: 4 November 2010
DOCKET NUMBER: AR20100012518
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 item 11d (Effective Date) of his DD Form 214 (Report of Transfer or Discharge) for the period ending 25 July 1966 to show 2 August 1967. He also requests correction of items 24a(1) (Net Service This Period), 24a(3) (Total), and 24b (Total Active Service) of this DD Form 214.
2. The applicant states
* Item 11d of his DD Form 214 for the period ending 25 July 1966 should show 2 August 1967
* The entries in items 24 are wrong and only show he served 7 days of service
3. The applicant provides a copy of his DD Form 214 for the period ending
25 July 1966 in support of his application.
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 induction record shows he was inducted into the Army of the United States on 19 July 1966. On 25 July 1966, he was honorably discharged for enlistment in the Regular Army (RA).
3. Item 11d on the applicant's DD Form 214 for the period ending 25 July 1966 shows the entry "25 JUL 66" [25 July 1966]. Items 24a(1), 24a(3), and 24b on this DD Form 214 show he served 7 days.
4. The applicant's enlistment record shows he enlisted in the RA on 26 July 1966 for a period of 3 years. He was honorably discharged on 2 August 1967 for immediate reenlistment.
5. The available records do not contain a DD Form 214 covering the period
26 July 1966 through 2 August 1967.
6. The applicant's enlistment record shows he reenlisted in the RA on 3 August 1967 for a period of 3 years. He was honorably discharged on 31 July 1970 for expiration term of service.
7. Item 17c (Date of Entry) of the applicant's DD Form 214 for the period ending 31 July 1970 shows the entry "3 Aug 67" [3 August 1967]. Item 22a(2) (Other Service) on this DD Form 214 shows the entry "1 0 7" [1 year and 7 days].
8. The applicant subsequently served in the RA from 15 June 1971 through
21 March 1974.
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for item 11d, enter the date separation is accomplished.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant was inducted on 19 July 1966 and discharged on 25 July 1966 after serving 7 days for enlistment in the RA, which is properly reflected on his DD Form 214 for the period ending 25 July 1966. He immediately enlisted in the RA on 26 July 1966 and was discharged on 2 August 1967. Although there is no DD Form 214 for this period on file in his official military personnel file, administrative regularity is presumed. Therefore, there is no basis for granting the applicant's request to amend his DD Form 214 for the period ending 25 July 1966.
2. As a related issue, the applicant's period of prior active service (from 19 July 1966 to 2 August 1967, a total of 1 year and 14 days) should be reflected in item 22a(2) of his DD Form 214 for the period ending 31 July 1970.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X___ ___X____ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in item 22a(2) of his DD Form 214 for the period ending 31 July 1970 and replacing it with "1 0 14."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending items 11d, 24a(1), 24a(3), or 24b of his DD Form 214 for the period ending 25 July 1966.
__________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) AR20100012518
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ABCMR Record of Proceedings (cont) AR20100012518
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