IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110007870
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 9 September 1968 to show his date of entry on active duty as 27 August 1964.
2. The applicant states the date of entry on his DD Form 214 is incorrect and should read 27 August 1964. He enlisted on that date and served with the 1st Battalion, 68th Armor in Germany. After serving for 1 year and 13 days, he took a short discharge for reassignment to France. He was issued a DD Form 214 for this period of service. After serving in France, he was reassigned to Germany and then on to Fort Lewis, WA. He was ultimately discharged on 9 September 1968.
3. The applicant provides his DD Forms 214 for the periods ending on 9 September 1965 and 9 September 1968 and his enlistment contract.
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 records show he enlisted in the Regular Army (RA) for 3 years on 27 August 1964 and he held military occupational specialty 76A (Supply Clerk). He was honorably discharged on 9 September 1965 for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service shows he completed 1 year and 13 days of creditable active service.
3. He reenlisted in the RA for a period of 3 years on 10 September 1965. He was honorably released from active duty on 9 September 1968 and he was transferred to the U.S. Army Reserve to complete his remaining service obligation.
4. The DD Form 214 he was issued for this period shows he completed 3 years of creditable active service during this period of reenlistment. Furthermore, this form shows the following entries:
* item 17c (Date of Entry) - 27 August 1965
* item 11d (Effective Date) - 9 September 1968
* item 22a(1) (Net Service This Period) 3 years
* item 22a(2) (Other Service) - 1 year and 13 days
* items 22a(3) (Total) - 4 years and 13 days
* item 22b (Total Active Service) - 4 years and 13 days
5. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows he initially enlisted in the RA on 27 August 1964 and he was discharged on 9 September 1965 for immediate reenlistment. He completed 1 year and 13 days of creditable active service and he was issued a DD Form 214 that captured his active service during this period of enlistment.
2. He reenlisted on 10 September 1965 and he was released from active duty on 9 September 1968. He was issued a DD Form 214 that captured his active service during this period of enlistment as well as his prior active service. However, his DD Form 214 for this period inadvertently listed his date of entry as 27 August 1965 instead of 10 September 1965. Therefore, it should be corrected to show the correct date of entry.
3. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ____X___ ____X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 17c of his DD Form 214 for the period ending on 9 September 1968 the entry "27 August 1965" and adding the entry "10 September 1965."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending item 17c of his DD Form 214 for the period ending on 9 September 1968 to show the date of entry as "27 August 1964.
_______ _ 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) AR20110007870
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ABCMR Record of Proceedings (cont) AR20110007870
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