IN THE CASE OF:
BOARD DATE: 5 May 2011
DOCKET NUMBER: AR20100026893
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his total years of service and the date he entered active duty.
2. The applicant states his DD Form 214 does not reflect his correct years of service or the date he entered active duty. He goes on to state he entered active duty on 13 July 1965 and served until 27 July 1969. He further states he reentered active duty on 13 July 1970 and served until he retired on 1 September 1989.
3. The applicant provides his DD Form 214, dated 31 August 1989.
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 enlisted in the Regular Army in Atlanta, Georgia, on 13 July 1965 for a period of 3 years. He was honorably discharged on 12 July 1966 for the purpose of immediate reenlistment. He was issued a DD Form 214 covering the period 13 July 1965 to 12 July 1966.
3. He reenlisted on 13 July 1966 for a period of 3 years and assignment to Vietnam. He was honorably discharged on 23 July 1969 due to the expiration of his term of service. He was issued a DD Form 214 covering his service from 13 July 1966 to 23 July 1969.
4. On 13 July 1970, he again enlisted in the Regular Army for a period of 3 years. He was honorably discharged on 12 April 1973 for the purpose of immediate reenlistment. He was issued a DD Form 214 covering the period 13 July 1970 to 12 April 1973.
5. On 13 April 1973, he reenlisted for a period of 5 years and he was honorably discharged on 15 March 1978 for the purpose of immediate reenlistment. He was issued a DD Form 214 covering the period 13 April 1973 to 15 March 1978.
6. On 16 March 1978, he reenlisted for a period of 3 years. He again reenlisted on 18 December 1980 for a period of 6 years and on 19 September 1986 for a period of 3 years.
7. On 31 August 1989, he was honorably retired in pay grade E-7 due to length of service. He completed 23 years, 1 month, and 18 days of active service and had 24 years, 1 month, and 7 days of total service for pay purposes.
8. His DD Form 214 issued at the time of his retirement reflects that he entered this period of active duty on 16 March 1978, which is the date following his last DD Form 214 issued on 15 March 1978. It shows he completed 11 years, 5 months, and 15 days of active service during this period and 11 years, 8 months, and 3 days of prior active service.
9. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will reflect active service that is performed during the period covered by the DD Form 214 and will reflect prior active service as well. However, effective 1 October 1979 the regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours required that a DD Form 214 be issued from that point and continues to present day. A DD Form 214 may not be issued to cover a period of service already documented by a previously-issued DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and were found to lack merit. The applicant was issued DD Forms 214 up to 15 March 1978 in accordance with the regulation in effect at the time. Copies of these DD Forms 214 will be provided to him.
2. Following the period his last DD Form 214 was issued the regulation changed and provided that the DD Form 214 would no longer be issued for immediate reenlistments. Accordingly, his service began (for the purpose of issuing DD Forms 214) the day following the issuance of his last DD Form 214.
3. His DD Form 214 was properly prepared in accordance with the applicable regulation and properly reflects that he entered this period of active duty on 16 March 1978.
4. Additionally, it appears that all of the applicant's service is accounted for on his last DD Form 214.
5. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant failed to submit evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X_____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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) AR20100026893
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ABCMR Record of Proceedings (cont) AR20100026893
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