IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110011612
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 11 September 1969 to show his date of entry on active duty as 18 April 1967.
2. The applicant states he entered the Army in 1967 immediately after graduating from high school. He completed basic training, advanced individual training, and 2 weeks of jungle training before departing for the Republic of Vietnam on 8 December 1967.
3. The applicant provides:
* DA Form 2A (Personnel Qualification Record, Part I)
* pages 1-2 of his DA Form 2-1 (Personnel Qualification Record, Part II)
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 record contains a DD Form 4 (Enlistment Record Armed Forces of the United States) that shows he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 18 April 1967 for a period of 6 years. He was discharged from the USAR DEP on 21 May 1967 and he enlisted in the Regular Army on 22 May 1967 for a period of 3 years.
3. He was honorably released from active duty on 11 September 1969 for the purpose of immediate reenlistment. The DD Form 214 he was issued for this period of service shows in:
* item 17c (Date of Entry) 22 May 1967
* item 11d (Effective Date) 11 September 1969
* item 22a(1) (Net Service This Period) 2 years, 3 months, and 20 days
* item 22a(2) (Other Service) 1 month and 4 days
* item 22a(3) (Total) 2 years, 4 months, and 24 days
* item 22b (Total Active Service) 2 years, 3 months, and 20 days
4. He reenlisted on 12 September 1969 and he served through multiple reenlistments or extensions. He ultimately retired on 3 February 1993.
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. The regulation, then in effect, provided for:
* item 17c enter the beginning date of the continuous period of active duty for which the DD Form 214 is being issued
* item 11d enter the date of separation
* item 22a(1) enter the total service completed between the dates shown in items 17c and 11d of the DD Form 214, less time lost
* item 22a(2) enter all prior service excluding any service shown in Item 22a(1)
* item 22a(3) enter the total of item 22a(1) and item 22a(2)
* item 22b enter the total active service the member has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard or U.S. Army Reserve not on active duty, and less time lost
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the USAR DEP on 18 April 1967. He was discharged from the DEP on 21 May 1967 and subsequently enlisted in the Regular Army on 22 May 1967. He was honorably released from active duty on 11 September 1969 for the purpose of immediate reenlistment.
2. Regulatory guidance states to enter the beginning date of the continuous period of active duty in item 17c of the DD Form 214. His time spent in the USAR DEP is not active duty time; therefore, the entry of 22 May 1967 is correct. His DD Form 214 for the period ending 11 September 1969 correctly shows his dates of entry and discharge.
3. 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 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) AR20110011612
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ABCMR Record of Proceedings (cont) AR20110011612
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