IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026103 


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 to Items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 December 1979 and the issuance of a DD Form 215 (Correction to DD Form 214).

2.  He states, in effect, that his last DD Form 214 does not show all of his active service.  His last DD Form 214 only shows he served 2 years of active service.  He has not received a DD Form 215.  One of the DD Forms 214 shows he served 3 years, however, when he was in Vietnam he reenlisted for 6 years.  

3.  He provides:

* 1963 NGB (National Guard Bureau) Form 22 (Report of Separation and Record of Service)
* 1963, 1966, and 1972 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge)
* 1963, 1966, 1972, and 1978 Honorable Discharge Certificates
* Qualifying Service for Retired Pay memorandum
* Notification of Eligibility for Retired Pay at Age 60 memorandum
* Retirement orders and certificate

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 record show he enlisted in the Texas Army National Guard (TXARNG) on 8 January 1963.  He entered on active duty for training (ACDUTRA) on 11 February 1963.  He was honorably released from ACDUTRA on 10 August 1963 and reverted back to the TXARNG.  He was issued a 
DD Form 214 crediting him with completion of 6 months of active service and 1 month and 3 days of other service (ARNG).

3.  He was honorably separated from the TXARNG on 14 August 1963.  He was issued an NGB Form 22 crediting him with completion of 7 months and 7 days of total service.

4.  He enlisted in the Regular Army (RA) on 15 August 1963 for 3 years.  He was stationed in Vietnam at the time of enlistment.  He was honorably discharged for the purpose of reenlistment on 14 August 1966.  He was issued a DD Form 214 crediting him with completion of 3 years of net active service and 11 months and 27 days of foreign service in Vietnam.

5.  He reenlisted in the RA on 15 August 1966 for 6 years.  He served in Vietnam from 18 August 1968 through 17 August 1969 and from 4 May 1971 through 3 March 1972.  He was honorably discharged on 14 August 1972 at the expiration of his term of service.  He was issued a DD Form 214 crediting him with completion of 6 years of net active service.  He was also credited with completion of 3 years, 6 months, and 3 days of other service and 2 years,
1 month, and 20 days of foreign service in Vietnam.  

6.  Again, he enlisted in the TXARNG on 15 August 1972.  He was honorably discharged at the expiration of his term of service on 14 August 1976.  He was issued an NGB Form 22 crediting him with completion of 4 years of net service and 13 years, 7 months, and 6 days of total service.  

7.  He enlisted in the U.S. Army Reserve (USAR) on 1 July 1973.  



8.  Item 35 (Section VIII - Current and Previous Assignments) of his DA Form 2-1 shows he entered on active duty on 1 September 1977 with the principal duty of recruiter and was assigned to Company B, 871st Engineer Battalion, Fort Sam Houston, TX.

9.  Item 35 also shows he continued to serve on active duty until his release from active duty on 15 December 1979.

10.  He was issued a DD Form 214 showing the following:

* Item 12a (Date Entered AD (active duty) This Period - 1 September 1977
* Item 12b (Separation Date This Period) - 15 December 1979
* Item 12c (Net Active Service This Period) - 2 years, 3 months, and 15 days
* Item 12d (Total Prior Active Service) - (See Item 18 (Remarks))
* Item 12e (Total Prior Inactive Service) - (See Item 18)
* Item 12f (Foreign Service) - zero credit
* Item 12g (Sea Service) - zero credit
* Item 18 - Items 12d and12e, a DD Form 215 will be issued to provide missing information

11.  He was honorably discharged from the USAR on 16 August 1984.

12.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  The regulation stated Item 12d would contain the total amount of prior active military service less lost time.  Item 12 would contain the total amount of prior inactive military service less lost time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his last DD Form 214, for the period ending
15 December 1979, does not show all of his active duty service and he has not been issued a DD Form 215.  

2.  The evidence of record shows he enlisted and served in the TXARNG from 8 January through 14 August 1963, a period of 7 months and 7 days.  He served in an active duty status from 11 February through 10 August 1963, a period of 6 months.  He enlisted and served in the RA from 15 August 1963 through 
4 August 1972, a period of 6 years.  He served in the TXARNG from 15 August 1972 to 30 June 1973.  He enlisted in the USAR on 1 July 1973.  He was issued an NGB Form 22 discharging him from the TXARNG on 14 August 1976.  He was ordered to active duty and he entered an active duty status on 1 September 1977.  He was released from active duty on 15 December 1979 and he was issued a DD Form 214 that properly credits him with completion of 2 years, 
3 months, and 15 days of active service.  He was not credited with any prior active or inactive service on this DD Form 214.  

3.  In view of the foregoing, he completed approximately 9 years and 6 months of prior active service and 4 years, 1 month, and 7 days of prior inactive service.  However, the U.S. Army Human Resources (USA-HRC) Command, Ft. Knox, KY should recalculate his active and Reserve service and correct Items 12d and 12e of his DD Form 214 for the period ending 15 December 1979. 

4.  In view of the foregoing, his records should be corrected as recommended 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 having USA-HRC, Ft. Knox, KY, recalculate his active and Reserve service and amending Items 12d and 12e of his DD Form 214 for the period ending 15 December 1979.



      _______ _   _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)                                         AR20100026103



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ABCMR Record of Proceedings (cont)                                         AR20100026103

   
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