IN THE CASE OF:
BOARD DATE: 11 January 2011
DOCKET NUMBER: AR20100017276
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 Item 11d (Effective Date) and Item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 31 May 1969.
2. He states, this DD Form 214 does not include the years he spent in an enlisted status. The DD Form 214 shows he served from 1 June 1967 to 31 May 1969. His actual active duty started in June 1969 [sic] with basic training and advanced individual training (AIT) at Fort Dix, NJ, and officer candidate school at Fort Benning, GA, where he received his commission on 31 May 1967. During a job interview he indicated he had completed 3 years of active duty which was questioned since his 1969 DD Form 214 only shows 2 years.
3. He provides no additional evidence.
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. His military records show he enlisted in the Regular Army on 18 July 1966 for 2 years. He completed basic combat and AIT and was awarded military occupational specialty (MOS) 11F, Infantry Operations and Intelligence Specialist.
3. He was honorably discharged in pay grade E-5 on 31 May 1967 to accept a commission.
4. He was issued a DD Form 214 at the time of his discharge which shows "31 May 1967" in Item 11d and "18 July 1966" in Item 16c. Item 22a (Net Service This Period) shows he was credited with 10 months and 13 days of net active service.
5. He was appointed in the U.S. Army Reserve (USAR) as a second lieutenant on 1 June 1967. He was ordered to active duty and entered on active duty on the same day.
6. He was honorably released from active duty on 31 May 1969, at the expiration of active duty, and transferred to the USAR Control Group (Annual Training).
7. He was issued a DD Form 214 at the time of his release which shows "31 May 1969" in Item 11d and "1 June 1967" in Item 16c. Item 22a(1) (Net Service This Period) shows he was credited with 2 years of net active. Item 22a(2) shows he was credited with 10 months and 14 days of other service (enlisted service from 18 July 1966 to 31 May 1967).
8. He resigned his commission and was discharged from the USAR on 22 November 1973.
9. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation stated a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The date the Soldier was released from an active duty status would be shown in Item 11d. The date entered on active duty would be entered in Item 16c. The total service completed between the dates of the current tour would be entered in Item 22a(1). All prior service, excluding the service shown in Item 22a(1), would be entered in Item 22a(2).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 18 July 1966 and was discharged to accept a commission on 31 May 1967. He was issued a DD Form 214 for this period of service which properly credited him with completion of 10 months and 13 days of service. He was appointed in the USAR on 1 June 1967 and again entered on active duty on the same day. He was released from active duty at the completion of his 2 years on 31 May 1969 and he was issued a DD Form 214. Upon his release from active duty he was transferred to the USAR where he served until he resigned his commission and was discharged on 22 November 1973.
2. In accordance with regulatory guidance, Item 11d of his DD Form 214 for the period ending 31 May 1969 properly shows the date 31 May 1969 as his effective date of release from active duty. Item 17c of this DD Form 214 also properly shows 1 June 1967 as the date entered on active duty for this period of service. Therefore, he is not entitled to correction to Items 11d and 17c of this DD Form 214.
3. It is also noted he was issued a DD Form 214 covering his period of enlisted service 18 July 1966 to 31 May 1967, a period of 10 months and 13 days. He was credited with completion of this amount of service in Item 22a(2) of his DD Form 214 for the period ending 31 May 1969.
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 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) AR20100017276
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ABCMR Record of Proceedings (cont) AR20100017276
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