IN THE CASE OF:	  

		BOARD DATE:	    4 November 2010

		DOCKET NUMBER:  AR20100013755 


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 the DD Form 214 (Report of Separation from Active Duty) of her deceased husband, a former service member (FSM), be corrected to show his date of entry on active duty as 1 July 1954. 

2.  The applicant states the date of entry on the FSM's DD Form 214 is incorrect and she would like it corrected for the purpose of Department of Veterans Affairs benefits. 

3.  The applicant provides:

* The FSM's retirement orders
* His Retiree Account Statement
* His DD Form 214 for the period ending 31 July 1977
* His death certificate

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 FSM’s records show he enlisted in the Regular Army (RA) for a period of 3 years on 6 July 1954 and held military occupational specialty (MOS) 1824 (Mess Steward).  He was honorably discharged on 22 July 1955 for the purpose of immediate reenlistment.  He completed 1 year and 17 days of creditable active service.  A copy of his DD Form 214 for this period of service is not available for review with this case.  

3.  He executed a 3-year reenlistment in the RA on 23 July 1955 and was again honorably discharged on 12 November 1957 for the purpose of immediate reenlistment.  He completed 2 years, 3 months, and 21 days of creditable active service during this period for a total of 3 years, 4 months, and 7 days.  A DD Form 214 for this period of service is also not available for review with this case.

4.  He executed a 6-year reenlistment in the RA on 13 November 1957 and held MOS 111.67 (Light Weapons Infantryman).  He was honorably discharged on 12 November 1963 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 6 years of creditable active service and he had 3 years, 4 months, and 7 days of prior service for a total of 9 years, 4 months, and 7 days.

5.  He executed a 6-year reenlistment in the RA on 13 November 1963 and held MOS 94B (Cook).  He was honorably discharged on 12 November 1969 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 6 years of creditable active service and he had 9 years, 4 months, and 7 days of prior service for a total of 15 years, 4 months, and 7 days.

6.  He executed a 3-year reenlistment in the RA on 13 November 1969 and was honorably discharged on 9 November 1972 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 27 days of creditable active service and he had 15 years, 4 months, and 7 days of prior service for a total of 18 years, 4 months, and 4 days.

7.  He executed a 3-year reenlistment in the RA on 10 November 1972.  He completed 4 years, 8 months, and 21 days of creditable active service and he was ultimately retired on 31 July 1977.  He was placed on the retired list in his retired grade of master sergeant/E-8 on 1 August 1977.  The DD Form 214 he was issued for this period of service shows the following entries:
* Item 9d (Effective Date (of Separation)) shows "77  07  31"
* Item 15 (Date Entered Active Duty This Period) shows "72  11  10"
* Item 18 (Record of Service) shows:
* Item 18a (Net Active Service This Period) shows "04  08  21"
* Item 18b (Prior Active Service) shows "18  04  04"
* Item 18c (Total Active Service) shows "23  00  25"

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states:

* Item 9d shows the date the Soldier’s separation was accomplished
* Item 15 (for enlisted personnel) shows the date the Soldier entered active duty or the date enlistment or reenlistment was accomplished
* Item 18 shows the record of service
* Item 18a shows the net active service completed during the period covered by the DD Form 214
* Item 18b shows the total prior active service
* Item 18c shows the total active service completed by the Soldier

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM enlisted in the RA on 6 July 1954 (not 1 July 1954 as claimed by the applicant) and subsequently served through multiple reenlistments until he retired in July 1977.  With the exception of his first enlistment and first reenlistment, his records contain a DD Form 214 that captured his active service for each period of reenlistment as well as any prior active service he had completed.  He completed 18 years, 4 months, and 4 days prior to his last reenlistment on 10 November 1972.  

2.  He reenlisted on 10 November 1972 and retired on 31 July 1977.  He completed 4 years, 8 months, and 21 days of creditable active service during this period. 

	a.  Item 15 of his DD Form 214 correctly reflects the entry "72  11  10" (the date he reenlisted), item 9b correctly reflects the entry "77  07  31" (the date he retired), item 18a correctly shows the entry "04  08  21" (the total active service from the date he reenlisted to the date he retired), and item 18b correctly reflects an entry of "18  04  04" which is the FSM's total prior active service.  

	b.  When combining his net active service in item 18a to his total prior active service in item 18b, it equates to 23 years and 25 days of total creditable active service.

3.  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.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.  Consolidation of two or more DD Forms 214 was not authorized at the time of his service.  The FSM’s retirement DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the requested relief.

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)                                         AR20100013755





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ABCMR Record of Proceedings (cont)                                         AR20100013755



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