IN THE CASE OF:
BOARD DATE: 4 October 2011
DOCKET NUMBER: AR20110004782
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 (Certificate of Release or Discharge from Active Duty), dated 30 November 1992, to show he entered Active Duty (AD) in July 1967 rather than July 1974.
2. The applicant states, in effect, the above clerical error caused his claim for Post Traumatic Stress Disorder to be denied by the Department of Veterans Affairs (VA) because they could not confirm he served in Vietnam.
3. The applicant provides:
* DA Form 2-1 (Personnel Qualification Record), pages 2-3
* Communications-Electronics Maintenance Department, Certificate of Appreciation, dated 7 January 1971
* DA Form 2339 (Application for Voluntary Retirement), dated 22 October 1992
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 available evidence shows the applicant enlisted in the Regular Army on 26 July 1967 for a period of 3 years.
3. On 5 February 1969 and 4 December 1974 he was honorably discharged for immediate enlistment/reenlistment. He was issued DD Forms 214 for the following periods of service:
* 26 July 1967 - 5 February 1969
* 6 February 1969 - 4 December 1974
* 5 December 1974 - 30 November 1992
4. He provides his DA Form 2339, dated 22 October 1992, which shows he served in an active duty status from 26 July 1967 to 30 November 1992.
5. On 30 November 1992, he was retired by reason of sufficient service for retirement. His DD Form 214 shows in:
* item 12a (Date Entered AD This Period) "74 12 05"
* item 12c (Net Active Service This Period) "17 11 26"
* item 12d (Total Prior Active Service) "07 04 09"
6. Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Army.
7. Army Regulation 635-5, effective 1 October 1979, stated that effective
1 October 1979, DD Forms 214 would no longer be issued at the time of reenlistment, all service would be continuous from the date the last DD Form 214 was issued. The entry for item 12a is the beginning date of the enlistment period or tour of active duty for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted. This regulation also stated for:
* item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted
* item 12d, from the previously issued DD Forms 214 enter the total amount of prior active military service, less time lost, if any
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his DD Form 214, effective 30 November 1992, to show he entered active duty on 26 July 1967.
2. The evidence shows that prior to the change in policy he was issued two
DD Forms 214 covering his period of service from 26 July 1967 to 4 December 1974. Effective 1 October 1979, regulatory guidance changed and a DD Form 214 was no longer issued when a Soldier was discharged for immediate reenlistment. The regulation provided that all service would be continuous from the date the last DD Form 214 was issued. Therefore, the DD Form 214 issued to him upon retirement would not show his original date of enlistment or any other service for which he had already been issued a DD Form 214.
3. The applicant will be provided copies of his DD Forms 214 for the periods of service ending on 5 February 1969 and 4 December 1974.
4. In view of the above, his request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ __X____ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
__________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) AR20110004782
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ABCMR Record of Proceedings (cont) AR20110004782
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