BOARD DATE: 27 January 2011
DOCKET NUMBER: AR20100018643
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 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 2 June 1972.
2. The applicant states his date of entry should be 23 January 1969.
3. The applicant provides a DD Form 214 for the period ending 2 June 1972.
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. Having prior service in the Army National Guard, the applicant enlisted in the Regular Army (RA) on 23 January 1969 for a period of 3 years. He served as a helicopter repairman in Vietnam and he was honorably discharged for immediate reenlistment on 23 October 1970.
3. Item 17c of the applicant's DD Form 214 for the period ending 23 October 1970 shows the entry "23 Jan 69" [23 January 1969]. Item 22a(2) (Other Service) shows he had 3 months and 23 days of other service (Army National Guard service).
4. The applicant reenlisted on 24 October 1970 for a period of 6 years. On
2 June 1972, he was discharged under honorable conditions.
5. Item 17c of the applicant's DD Form 214 for the period ending 2 June 1972 shows the entry "24 Oct 70" [24 October 1970]. Item 22a(2) shows he had
2 years and 24 days of other service (Army National Guard and prior active service from 23 January 1969 to 23 October 1970).
6. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized
procedures for the preparation and distribution of these documents. In pertinent part, it states that the DD Form 214 is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge (emphasis added). Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated, in effect, that for item 11d, enter the date separation is accomplished and for item 17c, enter the date of entry.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. Evidence of record shows the applicant enlisted in the RA on 23 January 1969, which is reflected on his DD Form 214 for the period ending 23 October 1970. He reenlisted in the RA on 24 October 1970, which is reflected on his DD Form 214 for the period ending 2 June 1972. Also, his period of prior active service from 23 January 1969 to 23 October 1970 and his prior inactive service in the Army National Guard (a total of 2 years and 24 days) is reflected in item 22a(2) of his DD Form 214 for the period ending 2 June 1972. Therefore, there is no basis for granting the applicants request to amend item 17c of his DD Form 214 for the period ending 2 June 1972.
3. A copy of the applicant's DD Form 214 for the period ending 23 October 1970 will be provided to the applicant with these Proceedings.
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) AR20100018643
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ABCMR Record of Proceedings (cont) AR20100018643
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