IN THE CASE OF:
BOARD DATE: 7 July 2011
DOCKET NUMBER: AR20100030339
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 Item 17c (Date of Entry) on his DD Form 214 (Armed Forces of the United States) for the period ending 11 August 1971.
2. He states that he would like his reenlistment date amended to read 28 October 2010 [sic (28 October 1968)], so he can qualify for medical benefits.
3. He provides a copy of his DD Form 4 (Enlistment Record - Armed Forces of the United States).
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's military records show he initially enlisted in the Regular Army (RA), in pay grade E-1, on 7 February 1968, for 3 years. He completed training and was awarded military occupational specialty 36K (Field Wireman). He was honorably discharged from active duty on 27 October 1968 for the purpose of immediate reenlistment. He was credited with completing 8 months and 21 days of net active service and no time lost.
3. He was issued a DD Form 214 which shows the following dates:
* Item 10c (Date Inducted) - 7 February 1968
* Item 11d (Effective Date) - 27 October 1968
* Item 17c (Date of Entry - Enlistment) - 7 February 1968
4. He reenlisted in the RA in pay grade E-3 on 28 October 1968 for 3 years. He was discharged from active duty in pay grade E-1 on 11 August 1971, for the good of the service, with an undesirable discharge certificate.
5. He was issued a DD Form 214 which shows the following dates:
* Item 10c - N/A
* Item 11d - 11 August 1971
* Item 17c - 7 February 1968
6. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation stated Item 10c was applicable only to individuals who were inducted. Item 11d would list the date separation was accomplished. Item 17c would list the date entered on active duty or the date enlistment or reenlistment was accomplished.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant initially enlisted in the RA on 7 February 1968. He was discharged from active duty on 27 October 1968 for the purpose of reenlistment. He was issued a DD Form 214 showing he was inducted into the RA on 7 February 1968. Therefore, in accordance with regulatory guidance, it would be appropriate to correct Item 10c of the DD Form 214 he was issued on 27 October 1968 to show the entry, "NA."
2. He reenlisted in the RA on 28 October 1968 and he was discharged on 11 August 1971. Item 17c of the DD Form 214 he was issued on 11 August 1971 shows the date of his initial enlistment in the RA and not the first date of his immediate reenlistment on 28 October 1968. Therefore, he is entitled to correction to Item 17c to show the date of 28 October 1968.
3. 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:
a. deleting from Item 10c of the applicant's DD Form 214 for the period ending 27 October 1968 the entry, "7 February 1968" and replacing it with the entry, "NA"; and
b. deleting from Item 17c of the applicant's DD Form 214 for the period ending 11 August 1971, the entry, "7 February 1968" and replacing it with the entry, "28 October 1968."
_______ _ _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) AR20100030339
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ABCMR Record of Proceedings (cont) AR20100030339
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