IN THE CASE OF:
BOARD DATE: 16 November 2010
DOCKET NUMBER: AR20100014076
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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) for the period ending 23 July 1974 to show he entered active duty on 6 May 1968.
2. The applicant states the first two years of his service are not reflected on his DD Form 214; the entry date should be 6 May 1968.
3. The applicant provides a copy of his DD Form 214 for the period ending
23 July 1974.
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 records show he enlisted in the Regular Army (RA) on 6 May 1968 for a period of 3 years. He was honorably discharged on 23 July 1970 for the purpose of immediate reenlistment. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he completed 2 years, 2 months, and 19 days (sic - should be 18 days) of total active service.
3. His records also show he reenlisted in the RA on 24 July 1970 for a period of 4 years. He was honorably discharged on 23 July 1974. The DD Form 214 he was issued this period shows the following entries:
* Item 9d (Effective Date) shows "74 07 23"
* Item 15 (Date Entered Active Duty This Period) shows "70 07 24"
* Item 18a (Net Active Service This Period) shows "04 00 00"
* Item 18b (Total Prior Active Service) shows "02 02 18"
* Item 18c (Total Active Service) shows "06 02 18"
4. 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 Soldiers 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 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 applicant's contention that his DD Form 214 should be corrected to show the date he initially entered active duty was carefully considered.
2. His records show he initially enlisted in the RA on 6 May 1968 and he was discharged on 23 July 1970. He then reenlisted in the RA on 24 July 1970 and he was discharged on 23 July 1974. As required by applicable regulations at the time, he was issued a separate DD Form 214 that captured each period of active service. A copy of this DD Form 214 will be provided to him.
3. The DD Form 214 is a summary of a Soldiers 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. Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced. The applicants DD Form 214 correctly reflects his record of service and contains no errors. Therefore, there is no basis for granting the applicant's 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) AR20100014076
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100014076
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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