BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100016486
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 to the date he entered active duty shown in item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 23 January 1974.
2. He states his full period of service from July 1968 to January 1974 is not shown on this DD Form 214. He needs this information for the Department of Veterans Affairs.
3. He provides a copy of his 1974 DD Form 214.
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. His military records show he enlisted in the Regular Army on 23 July 1968 for 3 years. He was honorably discharged for the purpose of immediate reenlistment on 28 January 1971.
3. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) which shows 28 January 1971 in item 11d (Effective Date). Item 16c (Date of Entry) shows he entered active duty on 23 July 1968.
4. He reenlisted in the Regular Army on 29 January 1971 for 3 years. He was honorably released from active duty on 23 January 1974 and he was transferred to the U.S. Army Reserve Control Group (Standby).
5. He was issued a DD Form 214 which shows 23 January 1974 in item 9d (Effective Date). Item 15 shows he entered active duty on 29 January 1971.
6. Army Regulation 635-5 (Personnel Separation Separation Documents) governs the preparation of the DD Form 214. The regulation in effect at the time of his first term of enlistment stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The effective date the Soldier was released or separated from active duty would be shown in item 11d. The effective date the Soldier entered on active duty would be shown in item 16c.
7. Army Regulation 635-5 in effect at the time of his second term of enlistment specified the effective date the Soldier was released or separated from active duty would be shown in item 9d. The effective date the Soldier entered active duty would be shown in item 15.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 23 July 1968. He was honorably discharged for immediate reenlistment on 28 January 1971 and provided a DD Form 214 for this period of service.
2. The evidence also shows he reenlisted in the Regular Army on 29 January 1971. He was honorably released on 23 January 1974 and provided a DD Form 214 for this period of service.
3. In accordance with regulatory guidance in effect at the time of the preparation of each DD Form 214, the effective dates of separation and entries were properly shown in their applicable blocks on the DD Forms 214. He was issued separation documents for the periods of service from 23 July 1968 to 28 January 1971 and 29 January 1971 to 23 January 1974. Therefore, he is not entitled to correction of item 15 of his DD Form 214 for the period ending 23 January 1974. A copy of his first DD Form 214 will be provided to him.
4. In view of the foregoing, there is no basis for granting his request.
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 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) AR20100016486
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ABCMR Record of Proceedings (cont) AR20100016486
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