BOARD DATE: 16 February 2011
DOCKET NUMBER: AR20100020992
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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 July 1969 to show his date of entry as 29 January 1965 instead of 17 February 1966.
2. The applicant states his reenlistment date was inadvertently recorded as his date of initial entry.
3. The applicant provides his DD Form 214 for the period ending 16 February 1966, discharge/reenlistment orders, and a Department of Veterans Affairs rating decision.
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 enlisted in the Regular Army (RA) on 29 January 1965 for a period of 3 years. He was trained in military occupational specialty (MOS) 82C (Field Artillery Surveyor). He was honorably discharged on 16 February 1966 for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service shows he completed 1 year and 18 days of total active service.
3. He reenlisted in the RA on 17 February 1966 for a period of 3 years. On 4 July 1969, he was honorably released from active duty and he transferred to the U.S. Army Reserve (USAR) Control Group (Stand By) to complete his remaining Reserve obligation. The DD Form 214 he was issued for this period of service shows in:
a. Item 11d (Effective Date) the entry "4 July 1969";
b. Item 16c (Date of Entry) the entry "17 February 1966";
c. Item 22a(1) (Net Service This Period) the entry "03 04 18";
d. Item 22a(2) (Other Service) the entry "01 00 18";
e. Item 22b (Total Active Service) the entry "04 05 06"; and
f. Item 23a (Specialty Number and Title) the entry "71H4P (Personnel Specialist).
4. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 of this regulation, in effect at the time, contains guidance on the preparation of the DD Form 214. Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214. A breakdown of pertinent entries is as follows:
a. Item 11d shows the Soldier's transition/separation date;
b. Item 16c shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; and
c. Item 22a(1), 22a(2), and 22b show all service, less time lost under Title 10, U.S. Code, section 972 and time lost after expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. His records show he initially enlisted in the RA on 29 January 1965 and he was discharged on 16 February 1966 for the purpose of immediate reenlistment. He then reenlisted in the RA on 17 February 1966 and he was released from active duty on 4 July 1969. As required by applicable regulations at the time, he was issued a separate DD Form 214 that captured each period of active service. His first period of service on 1 year and 18 days is properly reflected in Item 22a(2) of is DD form 214 for the period ending 4 July 1969. As such, he completed a total of 4 years, 5 months, and 6 days of total active service during the period 29 January 1965 through 4 July 1969 as reflected Item 22(b) of his DD Form 214 for the period ending 4 July 1969. A copy of his first DD Form 214 will be provided to him.
2. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced. As such, his DD Forms 214 correctly reflects each period of service and contains no errors. Therefore, there is no basis for granting the applicant's requested relief.
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.
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