IN THE CASE OF:
BOARD DATE: 25 October 2011
DOCKET NUMBER: AR20110010064
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 (Armed Forces of the United States Report of Transfer or Discharge) to show his prior service in the U.S. Navy for 1 year, 1 month, and 25 days.
2. The applicant states he did not receive credit for his service in the U.S. Navy from 14 July 1945 to 3 August 1946.
3. The applicant provides his DD Form 214, Honorable Discharge Certificate, and Navy Personnel Form 553 (Notice of Separation from U.S. Naval Service).
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. Having prior enlisted service in the U.S. Navy, the applicant's records show he enlisted in the Regular Army (RA) for 3 years on 6 July 1948. He was honorably discharged on 5 July 1951.
3. The DD Form 214 (Report of Separation from the Armed Forces of the United States) he was issued for this period of service shows he completed 3 years of creditable active service and had 1 year, 1 month, and 25 days of prior active service. Item 24 (Total Net Service Completed for Pay Purposes) of this form shows 4 years, 1 month, and 25 days.
4. A DD Form 4 (Enlistment Record U.S. Army), dated 6 July 1951, shows he reenlisted in the RA on 6 July 1951 for a period of 6 years. He was discharged for the purpose of immediate reenlistment on 5 July 1957. He completed 6 years of creditable active service during this period and had a total of 4 years, 1 month, and 25 days of prior active service for a total of 10 years, 1 month, and 25 days of total active service. His records do not contain a DD Form 214 for this period of service.
5. A DD Form 4, dated 6 July 1957, shows he reenlisted in the RA for a period of 3 years. He was discharged for the purpose of immediate reenlistment on 5 July 1960. He completed 3 years of creditable active service during this period and had a total of 10 years, 1 month, and 25 days of prior active service for a total of 13 years, 1 month, and 25 days of total active service. His records do not contain a DD Form 214 for this period of service.
6. He reenlisted in the RA on 6 July 1960. He was discharged for the purpose of accepting an appointment as a warrant officer on 19 June 1962. The DD Form 214 he was issued for this period of service shows he completed 1 year, 11 months, and 14 days of creditable active service during this period and had a total of 13 years, 1 month, and 24 days [sic] of prior active service for a total of 15 years, 1 month, and 8 days of total active service.
7. On 20 June 1962, he accepted an appointment as a warrant officer in the U.S. Army Reserve with concurrent call to active duty. On 31 August 1967, he was honorably retired. The DD Form 214 he was issued for this period of service shows he completed 5 years, 2 months, and 11 days of creditable active service during this period and had a total of 15 years, 1 month, and 9 days of prior active service for a total of 20 years, 3 months, and 20 days of total active service.
8. An AGPZ Form 977 (Data for Retired Pay), dated 18 July 1967, shows he was placed on the Retired List effective 1 September 1967 and credited with 20 years, 3 months, and 20 days of service for retired pay.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows, upon his retirement, the applicant was issued a DD Form 214 that captured all periods of active service of 20 years, 3 months, and 20 days which included 1 year, 1 month, and 25 days of U.S. Navy active service. Therefore, he is not entitled to the requested relief.
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) AR20110010064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110010064
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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