IN THE CASE OF:	  

		BOARD DATE:	  15 March 2011

		DOCKET NUMBER:  AR20100022061 


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 of:
 
* item 18a (Net Active Service this Period) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 28 February 1977
* item 15 (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 1 February 1979
* item 18b (Prior Active Service) of his DD Form 214 for the period ending 1 February 1979
* item 18d (Total Prior Active Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 November 1986

2.  The applicant states his discharge of 29 February 1977 is not possible since February had only 28 days and that the other dates listed above are incorrect.

3.  The applicant provides three DD Forms 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 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 military records show he enlisted in the Regular Army on 30 May 1974.  He completed initial entry training and he was awarded military occupational specialty 63B (wheel vehicle mechanic).

3.  His record contains the following enlistment documents:

	a.  a DD Form 4 (Enlistment Contract - Armed Forces of the United States) that shows he enlisted on 30 May 1974 for a period of 3 years;

	b.  a DD Form 4 (Enlistment of Reenlistment Agreement - Armed Forces of the United States) that shows he reenlisted on 1 March 1977 for a period of
3 years;

	c.  a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) that shows he enlisted on 11 February 1981 for a period of
3 years; and

	d.  a DD Form 4 that shows he reenlisted on 2 February 1984 for a period of
5 years.

4.  His latest available DD Form 214 shows he was discharged from active service on 12 November 1986 with 10 years, 5 months, and 15 days of total active service.

5.  His DD Form 214 for the period ending 28 February 1977 shows in:

* item 18a the entry "02  08  29," indicating he completed 2 years,
8 months, and 29 days of net active service this period
* item 18c (Total Active Service) the entry "02  08  29"
* item 18e (Total Service for Pay) the entry "02  08  29"

6.  His DD Form 214 for the period ending 1 February 1979 shows in:

* item 15 the entry "77  02  29," indicating he entered active service this period on 29 February 1977
* item 18a, the entry "01  11  03," indicating he completed 1 year,
11 months, and 3 days of net active service this period
* item 18b, the entry "2  09  10"
* item 18c, the entry "04  08  13 days"
* item 18e, the entry "04  08  13 days"

7.  His DD Form 214 for the period ending 12 November 1986 shows in item 18d the entry "04  08  13," indicating he completed 4 years, 8 months, and 13 days of total prior active service.

8.  Department of Defense Financial Management Regulation (DODFMR) 7000.14-R provides, in pertinent part, that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month.

9.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It provides a brief, clear-cut record of active service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records show he reenlisted on 1 March 1977.  Therefore, he is entitled to correction of his DD Form 214 for the period ending 1 February 1979 to show the date entered active duty this period as 1 March 1977.

2.  A member of the Board's staff recalculated the periods of active duty covered by the three DD Forms 214 provided by the applicant.  The results of those calculations are shown below:

1977-02-28		ending date of first period of service 
	1977-02-30		ending date of first period of service (Department of Defense
                   -						Pay Manual) states all months are 30-day months
1974-05-30		beginning date of first period of service 
	 2-09-00
   +                 1  		provides for inclusive dates
		 2-09-01		net active service this period, total active service, and total 
						service for pay


1979-02-01		ending date of second period of service
   -  1977-03-01		beginning date of second period of service
      1-11-00
   +                 1
	       1-11-01		net active service this period

1979-02-01		ending date of second period of service
   -  1974-05-30		beginning date of first period of service
      4-08-01
   +                 1
		 4-08-02		total active service and total prior service (for first two
						periods)

1986-11-12		ending date of third period of service
   -  1981-02-11		beginning date of third period of service
      5-09-01
   +                 1
      5-09-02		net active service this period
   +       4-08-02		total prior service (for first two periods)
     10-05-05		total cumulative service

3.  Based on the results of the calculations above, it would be appropriate to correct his DD Forms 214 by showing in:

* item 18a of his DD Form 214 for the period ending 28 February 1977 the entry 2 years, 9 months, and 1 day instead of 2 years, 8 months, and 29 days
* item 18b of his DD Form 214 for the period ending 1 February 1979 the entry 2 years, 9 months, and 1 day instead of 2 years, 9 months, and 10 days
* item 18d of his DD Form 214 for the period ending 12 November 1986 the entry 4 years, 8 months, and 2 days instead of 4 years, 8 months, and
13 days

4.  Since certain changes were made, as detailed above, it is necessary to further correct his DD Forms 214 by showing in:

* items 18c and 18e of his DD Form 214 for the period ending 28 February 1977 the entry 2 years, 9 months, and 1 day instead of 2 years, 8 months, and 29 days
* item 18a of his DD Form 214 for the period ending 1 February 1979 the entry 1 year, 11 months, and 1 day instead of 1 year, 11 months, and
3 days
* item 18c and item 18e of his DD Form 214 for the period ending 1 February 1979 the entry 4 years, 8 months, and 2 days instead of
4 years, 8 months, and 13 days
* item 18d of his DD Form 214 for the period ending 12 November 1986 to show 4 years, 8 months, and 2 days instead of 4 years, 8 months, and
13 days

5.  In view of the foregoing, his DD Forms 214 should be corrected as shown below.

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from items 18a, 18c, and 18e of his DD Form 214 for the period ending 28 February 1977 the entry "02  08  29" and replacing them with the entry "02  09  01";

	b.  correcting his DD Form 214 for the period ending 1 February 1979 as follows:

* deleting from item 15 the entry "77  02  29" and replacing it with the entry "77  03  01"
* deleting from item 18a the entry "01  11  03" and replacing it with the entry "01  11  01"
* deleting from item 18b the entry "02  09  10" and replacing it with the entry "02  09  01"
* deleting from item 18c and 18e the entry "04  08  13" and replacing them with the entry "04  08  02


   c.  deleting from item 18d of his DD Form 214 for the period ending
12 November 1986 the entry "04  08  13" and replacing it with the entry
"04  08  02."



      ___________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)                                         AR20100022061



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ABCMR Record of Proceedings (cont)                                         AR20100022061



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