IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100018977
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 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1994.
2. The applicant states:
* he entered active duty on 31 July 1973
* the Social Security Administration and Department of Veterans Affairs read his date of entry as 25 June 1976 which effects his benefits
3. The applicant provides:
* DD Form 214 for the period ending 31 December 1994
* DA Form 2-1 (Personnel Qualification Record)
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 enlistment contract shows he enlisted in the Regular Army on 31 July 1973 for a period of 3 years. On 24 June 1976, he was honorably discharged for immediate reenlistment.
3. Item 18 (Date Entered Active Duty This Period) of his DD Form 214 for period ending 24 June 1976 shows the entry "73 07 31" [31 July 1973]. Items 18a (Net Active Service This Period) and 18c (Total Active Service) of this DD Form 214 show he served 2 years, 10 months, and 23 days.
4. He reenlisted on 25 June 1976 and remained on active duty through continuous reenlistments until he retired on 31 December 1994.
5. Item 12a of the applicant's DD Form 214 for the period ending 31 December 1994 shows the entry "76 06 25" [25 June 1976]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years, 10 months, and 24 days of prior active service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation
states that for item 12a, enter the beginning date of the continuous period of AD
for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added). It also states that for item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows he enlisted in the Regular Army on 31 July 1973, which is properly reflected on his DD Form 214 for the period ending 24 June 1976. A copy of this DD Form 214 will be provided to the applicant.
2. He reenlisted on 25 June 1976 and retired on 31 December 1994. His period of prior active service is properly reflected in item 12d of his DD Form 214 for the period ending 31 December 1994. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214 for the period ending 31 December 1994.
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) AR20100018977
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ABCMR Record of Proceedings (cont) AR20100018977
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