IN THE CASE OF:
BOARD DATE: 22 March 2011
DOCKET NUMBER: AR20100022880
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 his DD Form 214 (Report of Separation from Active Duty) to show he entered active duty in November 1967.
2. He states he joined the Army in November 1967.
3. He provides his 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 DD Form 214 the applicant submitted shows:
* In item 18 (Date Entered Active Duty this Period) 28 November 1969
* In item 18b (Prior Active Service) 1 year, 11 months, and 1 day
* He was honorably discharged on 25 November 1975
* He completed a total of 7 years, 10 months, and 29 days of active service
3. His record contains a DA Form 2-1 (Personnel Qualification Record), dated 16 May 1987, which shows in:
* Item 5 (Overseas Service) that he served in Vietnam from 24 May 1968
to 21 April 1969
* Item 20 (Basic Enlisted Service Date) 26 December 1967
* Item 35 (Current and Previous Assignments) "AD [active duty] December 1967 to November 1975"
4. His record contains a DA Form 2A (Personnel Qualification Record Enlisted) (United States Army Reserve (USAR)) prepared on 12 October 1995, which shows in item 13 (Initial Entry Military) December 1967.
5. His record contains a Veteran Identification Data form, dated 1 October 2004, which shows he entered active duty on 26 December 1967 and he reenlisted in an active duty status on 27 November 1969.
6. His record also contains a Chronological Statement of Retirement Points, dated 2 March 2011, which shows he served in the Regular Army from
27 December 1967 through 28 November 1975 without a break in service. However, his service record does not contain a DD Form 214 for military service prior to 28 November 1969.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The version in effect at the time stated that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also stated that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214. Prior to 1 October 1979 a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the entry date is incorrect on his DD Form 214 is acknowledged.
2. The available evidence appears to show he enlisted in the Regular Army on 27 December 1967 and he was discharged for immediate reenlistment on
27 November 1969. He reenlisted on 28 November 1969 and he was discharged on 25 November 1975. In accordance with the regulation in effect at the time, he should have been issued a DD Form 214 for each of these periods of service. However, the available record does not contain a DD Form 214 for the period of service from 27 December 1967 to 27 November 1969.
3. In the absence of evidence to the contrary, it must be presumed that the applicant was issued a DD Form 214 for the period 27 December 1967 to
27 November 1969 because it was the policy at the time. Therefore, he cannot be issued a DD Form 214; however, he should be issued an appropriate document to show this period of service.
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 issuing the individual an appropriate document to record his period of active service from 27 December 1967 to 27 November 1969.
_______ _ 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) AR20100022880
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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