IN THE CASE OF:	  

		BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100022164 


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 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965.  He also requests correction of item 16 (Terminal Date of Reserve UMT&S Obligation) to show 26 November 1970 instead of
26 November 1971.

2.  The applicant states he believes it was a typing error on his date of entry which also caused the error in item 16.  He states the error was discovered when he applied for social security benefits through the American Consulate General in Frankfurt, Germany.

3.  The applicant provides his:

* discharge orders from the U.S. Army Reserve
* Honorable Discharge 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 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 DD Form 4 (Enlistment Record - Armed Forces of the United States) shows he enlisted in the Regular Army on 27 November 1964 for a period of 3 years.  He had no previous service.  He incurred a statutory military obligation of 6 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 63B (Wheel Vehicle Mechanic).

3.  His DA Form 20 (Enlisted Qualification Record) shows he served in U.S. Army, Europe (USAREUR), Germany from 16 April 1965 to 26 November 1967.

4.  On 26 November 1967, the applicant was honorably released from active duty at the expiration of his term of service.  He completed 3 years of total active service with no time lost during this enlistment.

5.  His DD Form 214 shows in:

* item 11d (Effective Date) the entry 26 November 1967
* item 16 the entry 26 November 1971
* item 17c the entry 27 November 1965

6.  The following items on his DD Form 214 are blank:

* item 22a(1) (Net Service This Period)
* item 22a(2) (Other Service)
* item 22a(3) (Total (Line (1) plus Line (2))
* item 22b (Total Active Service)
* item 22c (Foreign And Or Sea Service)

7.  Department of Defense Financial Management Regulation (DODFMR) 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states 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.  When subtracting the 

beginning day of service from the ending date of service 1 day is added to account for the inclusive date.

8.  Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation provided, in pertinent part, for:

* item 17c, enter the beginning date of the continuous period of active duty for which the DD Form 214 is being issued
* item 11d, enter the date of separation
* item 17c, enter the net service for the period shown by subtracting item 17c from item 11d and then deducting any time lost and non-creditable service after the Soldier's expiration of term of service

9.  Army Regulation 635-5 (Separation Documents) further provided, in pertinent part, for:

* item 22a(1), enter the total service completed between the dates shown in items 17c and 11d of the DD Form 214, less time lost
* item 22a(2), enter all prior service excluding any service shown in Item 22a(1)
*  item 22a(3), enter the total of Item 22a(1) and Item 22a(2)
* item 22b, enter the total active service the member has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard or U.S. Army Reserve not on active duty, and less time lost
* item 22c, enter the total active duty outside the continental limits of the U.S for the period covered by the DD Form 214 and the last overseas theater in which service was performed

10.  Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures) prescribes policies and procedures governing the various types of service obligations and participation requirements.  Chapter 2 of this regulation states a statutory military service obligation is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment.  Prior to 1 June 1984, most Soldiers incurred a 6-year statutory military service obligation.  

DISCUSSION AND CONCLUSIONS:

1.  The entry in item 17c of the applicant's DD Form 214 is incorrect as confirmed by his DD Form 4, which shows he enlisted on 27 November 1964.  Therefore, item 17c of his DD Form 214 should be corrected to show the entry 27 November 1964.

2.  Upon his enlistment on 27 November 1964, he incurred a 6-year statutory military service obligation.  Therefore, item 16 of his DD Form 214 should be corrected to show the entry 26 November 1970.

3.  Based on the correction to the applicant's date of entry, his net service during the period is computed by subtracting the date in item 17c from the date in item 11d as follows:

		1967  11  26		(Effective Date [of separation])
	   - 1964  11  27		(Date of Entry)
		       2-11-29
	   + ________1		(Inclusive Date)
		      2-11-30		(Total)
		      3-00-00		(Total Active Service [based on 30 days per month)

Therefore, item 22a(1) of his DD Form 214 should show the entry "3  0  0," which equates to 3 years of total active service.

4.  He had no prior service; therefore, his DD Form 214 should show in:

* item 22a(2) the entry "0  0  0"
* item 22a(3) the entry "3  0  0"
* item 22b the entry "3  0  0"

5.  He was assigned in USAREUR, Germany from 16 April 1965 to 26 November 1967.  He had no other period of foreign service during the period covered by his DD Form 214.  His foreign service is computed by subtracting the begin date from the end date:

		1967  11  26		(Ending Date of Foreign Service)
	   - 1965  04  16		(Beginning Date of Foreign Service)
		      2  07  10
	  +                   1		(Inclusive Date)
		      2  07  11		(Total Foreign Servcie)

Therefore, item 22c of his DD Form 214 should show the entry
"USAREUR   2  7  11," which indicates he served in USAREUR for 2 years,
7 months, and 11 days.


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 item 16 of his DD Form 214 the entry "26 Nov 71" and replacing it with the entry "26 Nov 70";

	b.  deleting from item 17c of his DD Form 214 the entry "27 Nov 65" and replacing it with the entry "27 Nov 64"; and

	c. adding to:

* item 22a(1) the entry "3  0  0"
* item 22a(2) the entry "0  0  0"
* item 22a(3) the entry "3  0  0"
* item 22b the entry "3  0  0"
* item 22c the entry "USAREUR--2  7  11



      ____________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)                                         AR20100022164



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ABCMR Record of Proceedings (cont)                                         AR20100022164



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