BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100013291
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 (Report of Separation from Active Duty) to show his date of entry as 7 July 1952 instead of 7 July 1957.
2. The applicant states he entered active duty in 1952 and not 1957. He adds he did not notice the error in his date of entry because his length of service of
26 years and 24 days was correct.
3. The applicant provides:
* his DD Form 214 for the period ending 31 July 1978
* Special Orders Number 128, dated 25 June 1952
* Special Orders Number 6, dated 7 January 1954
* Orders S91-1, dated 10 May 1978
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. Special Orders Number 128, issued by the Depart of the Army, Washington, DC, dated 25 June 1952, show he was appointed as a second lieutenant in the Regular Army on 15 June 1952.
3. On 7 July 1952, the applicant executed a WD AGO Form 71 (Oath of Office - Military Personnel).
4. His Officer Record Brief (ORB), dated 7711, shows his Pay Entry Basic Date (PEBD) and Entry on Active Duty (EAD) Current Tour as 7 July 1952.
5. His DAPC-PS Form 143 (Computation of Officer's Service), dated 5 May 1978, shows his service was computed from 7 July 1952.
6. Orders S91-1, issued by U.S. Army Military Personnel Center, Alexandria, VA, dated 10 May 1978, shows the applicant was retired from active service on 31July 1978 in the rank of colonel.
7. His DD Form 214 shows in:
* Item 9d, (Effective Date) [of retirement] - "78 07 31"
* Item 15 (Date Entered AD [Active Duty] This Period) - "57 07 07"
* Item 18a (Net Active Service This Period) - "26 00 24"
8. Army Regulation 635-5 (Personnel Separations) establishes standardized procedures for preparation and distribution of the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Item 15 requires the preparer to enter the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued. Additionally, item 18a is the amount of service this period, computed by subtracting item 15 from item 9d.
9. The U.S. Army Soldier Support Institute/AG School provides rules for the computation of creditable service. One of the rules state when subtracting one date from another and the ending period is the last day of the month, always change the last day to read 30 and add 1 day for inclusive dates.
DISCUSSION AND CONCLUSIONS:
It appears that an error exists on the applicant's DD Form 214 because he could not be credited with 26 years and 24 days of active duty service if he entered active duty in 1957. The applicant's ORB, as well as his WD AGO Form 71, verifies his date of entry on active duty should be shown as 7 July 1952. This date coincides with his net active service. Based on the following calculations, the applicant is entitled to correction of his DD Form 214 to show the date he entered active duty was 7 July 1952.
1978 07 31 date of retirement (change 31 to 30)
- 1952 07 07 date entered AD this period
= 26 00 23
+ 1 day inclusive
= 26 00 24
BOARD VOTE:
____x____ ____x____ ___x__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 15 of his DD Form 214 the entry "57 07 07" and replacing it with the entry "52 07 07."
__________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) AR20100013291
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100013291
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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