IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021212
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 on 30 April 1971 to show his date of entry on active duty as 31 August 1967.
2. The applicant states he would like his second DD Form 214 to show the date of entry shown on his first DD Form 214.
3. The applicant provides his DD Forms 214 for the periods ending on 30 April 1968 and 30 April 1971.
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 applicant's 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 applicant's 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 records show he enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program for a period of 6 years on 15 June 1967. He enlisted in the Regular Army (RA) and entered active duty on 31 August 1967.
3. He was honorably discharged on 30 April 1968 for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service shows he completed 8 months of creditable active service and a total of 10 months and 15 days of service.
4. He reenlisted in the RA for a period of 3 years on 1 May 1968. He was honorably released from active duty on 30 April 1971 and he was transferred to the USAR Control Group to complete his remaining service obligation.
5. The DD Form 214 he was issued for this period shows he completed 3 years, 10 months, and 16 days of creditable active service during this period of reenlistment. Furthermore, this form shows the following entries:
* item 17c (Date of Entry) - 1 May 1968
* item 11d (Effective Date) - 30 April 1971
* item 22a(1) (Net Service This Period) 3 years
* item 22a(2) (Other Service) - 10 months and 16 days
* items 22a(3) (Total) show a total service of 3 years, 10 months, and
16 days
item 22b (Total Active Service) shows 3 years and 8 months
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he initially enlisted in the RA on 31 August 1967 and he was discharged on 30 April 1968 for immediate reenlistment. He completed 8 months of creditable active service during this period and a total of 10 months and 15 days of service. He was issued a DD Form 214 that captured his active service during this period of enlistment.
2. He reenlisted on 1 May 1968 and he was released from active duty on 30 April 1971. He was issued a DD Form 214 that captured his active service during this period of enlistment as well as his prior active service.
3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. 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. Both of his DD Forms 214 correctly reflect his record of service and contain no errors.
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) AR20100021212
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ABCMR Record of Proceedings (cont) AR20100021212
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