IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20100022969
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 that the date of entry on his second DD Form 214 (Report of Transfer or Discharge) be corrected to 29 August 1973.
2. The applicant states he served two terms without a break in service. The entry date on his 29 August 1975 DD Form 214 does not match the calculations of his service on the form.
3. The applicant provides copies of two DD Forms 214, his 4 August 1971 enlistment orders, and his 29 August 1973 discharge and reenlistment orders.
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 on 4 August 1971, completed training, and was awarded military occupational specialty 33F (Intercept Demultiplex Systems Repairman).
3. On 28 August 1973, the applicant was honorably discharged for the purpose of immediate reenlistment. His DD Form 214 shows he served 2 years and 25 days of active service. He reenlisted on 29 August 1973.
4. The applicant was awarded the Good Conduct Medal for the period 4 August 1971 through 3 August 1974.
5. The applicant's official record contains no indication of any break in service on 29 August 1975.
6. The applicant received a second honorable discharge on 28 August 1978. The DD Form 214 for the second period of service, at item 15 (Date Entered Active Duty This Period), shows 29 August 1975. Item 16a (Net Active Service This Period) shows 5 years, item 16b (Prior Active Service) shows 2 years and 25 days, and item 16c (Total Active Service) shows 7 years and 25 days.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served two terms without a break in service. The entry date on his second DD Form 214 does not match the calculations of his service on the form.
2. There is no indication that the applicant had a break in service and the calculations on the 1978 DD Form 214 are consistent with a continuous period of active duty.
3. Therefore, it is reasonable to presume that the date of entry at item 15 on the 28 August 1978 DD Form 214 is a typographical error and should be corrected to 29 August 1973.
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 correcting the date of entry, at item 15 on the 28 August 1978 DD Form 214, to read 29 August 1973.
_______ _ 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) AR20100022969
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ABCMR Record of Proceedings (cont) AR20100022969
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