IN THE CASE OF:
BOARD DATE: 15 February 2011
DOCKET NUMBER: AR20100020967
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 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 30 September 1988.
2. He states, in effect, Item 12a should show he entered the Army on 1 May 1968 and not 28 February 1974. He was awarded the Purple Heart on 12 August 1969 and the Bronze Star Medal for heroism on 10 September 1969. He was assigned to Company B, 2nd Battalion, 27th Infantry, in Vietnam. He noticed the date in Item 12a date when he applied for a test for Agent Orange. There is no data and record of a DD Form 214 being recorded before 1974.
3. He provides:
* Orders for the Purple Heart, Bronze Star Medal, and Air Medal
* Air Medal certificate
* 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 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 applicants military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 30 April 1968, for 3 years. He completed training and was awarded military occupational specialty 88M, Motor Transport Operator. He served in Vietnam from 9 January 1969 through 8 January 1970.
3. He was honorably discharged from active duty on 3 March 1971 for the purpose of immediate reenlistment. He was issued a DD Form 214 showing he entered on AD on 30 April 1968 and was discharged on 3 March 1971.
4. He reenlisted in the RA on 4 March 1971 for 3 years. He was honorably discharged on 27 February 1974 for the purpose of immediate reenlistment. He was issued a DD Form 214 showing he entered on AD on 4 March 1971 and was discharged on 27 February 1974. Item 27 (Remarks) shows he reenlisted on 4 March 1971.
5. He reenlisted in the RA on 28 February 1974 for 6 years. He served continuously on active duty through several reenlistments until his honorable discharge, in pay grade E-6, on 30 September 1988, for length of service for retirement.
6. He was issued a DD Form 214 showing in Item 12a the date 28 February 1974. He was credited with 14 years, 7 months, and 3 days of net active service and 5 years, 9 months, and 28 days of prior active service.
7. Item 18 (Remarks) of his DD Form 214 shows he reenlisted on 28 February 1974 and 18 January 1980.
8. Army Regulation 635-5 (Separation Documents), then in effect, governs the preparation of the DD Form 214. The regulation stated Item 12a would list the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued. Items 12c, 12d, and 12e would list all the service, less lost time. 12f would list the total amount of foreign service completed during the period covered in Item 12e. 12g would list any sea service during the period covered in Item 12e. Item 18 would list a list of enlistment period for which a DD Form 214 was not issued. Example: Immediate reenlistment this period: then would list the dates.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant initially enlisted in the RA on 30 April 1968. He was honorably discharged on 3 March 1971 for purpose of immediate reenlistment and he was issued a DD Form 214.
2. He reenlisted in the RA on 4 March 1971. He was honorably discharged on 27 February 1974 and for purpose of immediate reenlistment and he was issued a DD Form 214. He again reenlisted in the RA on 28 February 1974 and served continuously until he was retired on 30 September 1988. Item 12 of the DD Form 214 he was issued on 30 September 1988 correctly shows the first date of his last immediate reenlistment on 27 February 1974 in Items 12a and 18.
3. In view of the foregoing, he is not entitled to correction to Item 12a of this DD Form 214 to show the date 28 February 1974 or any other date.
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) AR20100020967
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ABCMR Record of Proceedings (cont) AR20100020967
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