IN THE CASE OF:
BOARD DATE: 13 October 2011
DOCKET NUMBER: AR20110008004
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 22 August 1972 to show he was inducted on 19 August 1969.
2. The applicant states he was inducted on 19 August 1969 and during his first week he enlisted for 3 years. However, his DD Form 214 shows he entered the service on 22 August 1969 instead of 19 August 1969. Accordingly, he desires to have his DD Form 214 corrected to show he entered active duty on 19 August 1969.
3. The applicant provides copies of his two DD Forms 214; his induction papers; a leave and earnings statement; and his Honorable Discharge Certificate, dated 26 August 1969.
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 was inducted into the Army of the United States on 19 August 1969 and was honorably discharged on 26 August 1969 to enlist in the Regular Army. He was issued a DD Form 214 showing his 8 days of active service.
3. On 27 August 1969, he enlisted in the Regular Army for a period of 3 years and continued to serve until he was honorably released from active duty (REFRAD) on 22 August 1972. His DD Form 214 shows he served 2 years, 11 months and 26 days of active service during the period covered and 8 days of other service for a total of 3 years and 4 months of active service.
4. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. The regulation in effect at the time provided that a DD Form 214 would be issued for each period of active duty and that a DD Form 214 would be issued for immediate reenlistments. Active service from a previous period of service or enlistment would be included on subsequent DD Forms 214 under other service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 for the period ending 22 August 1972 should be corrected to show he entered active duty on 19 August 1969 has been noted.
2. The applicant was inducted on 19 August 1969 and was honorably discharged on 26 August 1969. He was issued a DD Form 214 to reflect his 8 days of active service.
3. He enlisted on 27 August 1969 and served until he was REFRAD on 22 August 1972. He was issued a DD Form 214 covering this period of enlistment and documenting his 8 days of prior active service, and a copy of it will be provided to him.
4. Accordingly, his DD Form 214 was properly prepared in accordance with the applicable regulation and the applicant has shown no evidence that an error or injustice exists in his case.
5. Therefore, there appears to be no basis to grant the applicant's request.
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 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) AR20110008004
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