BOARD DATE:	  17 January 2012  

		DOCKET NUMBER:  AR20110012916 


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 item 19c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 25 July 1963.

2.  The applicant states he was inducted on 17 March 1954.

3.  The applicant provides no documentary evidence.

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 induction record shows he was inducted into the Army of the United States (AUS) on 18 March 1954.  He served as a track vehicle mechanic.  On 6 September 1955, he was honorably discharged for enlistment in the Regular Army (RA).  

3.  The available records do not contain a DD Form 214 covering the period 
18 March 1954 through 6 September 1955.

4.  He enlisted in the Regular Army on 7 September 1955 for a period of 3 years.  On 25 July 1957, he was honorably discharged for immediate reenlistment.  

5.  The available records do not contain a DD Form 214 covering the period 
7 September 1955 through 25 July 1957.

6.  He reenlisted on 26 July 1957 for a period of 6 years.  On 25 July 1963, he was honorably discharged for expiration term of service.

7.  Item 19c of the applicant's DD Form 214 for the period ending 25 July 1963 shows the entry "26 Jul 57" [26 July 1957].  Item 24a(2) (Other Service) shows he had 3 years, 4 months, and 8 days of other service (prior active service from 18 March 1954 to 25 July 1957). 

8.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time stated that the date entered on active duty or date enlistment or reenlistments was accomplished would be entered in item 19c on the DD Form 214.  The regulation stated that all prior service, excluding any service shown in item 24a(1) (Net Service This Period), would be entered in item 24a(2) (Other Service).

9.  Part III, Standing Operating Procedures, U.S. Army Reserve Components Personnel and Administration Center, Appendix XIII-3-4-XIIII, dated 24 April 1982, stated a DD Form 214 was not issued to active duty personnel who were discharged and reenlisted between 22 July 1952 and 24 February 1957 and the next DD Form 214’s “From” date did not cover the period of prior enlistment(s).  For service involving the foregoing period, a DD Form 215 (Correction to          DD Form 214) was prepared correcting the DD Form 214 issued at the time of the next separation to show all military service not previously covered by the    DD Form 214.  An example of a completed DD Form 215 for that type of service showed the following entries -- the original enlistment date and term of enlistment, honorable date of discharge, and reenlistment date and term of reenlistment -- would be added to the Remarks section of a DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he was inducted into the AUS on 17 March 1954, the available evidence shows he was inducted on 18 March 1954.  He was discharged on 6 September 1955.  At that time, a DD Form 214 was not issued upon immediate enlistment/reenlistment.

2.  He immediately enlisted in the RA on 7 September 1955, and he was discharged on 25 July 1957.  Although the policy about not issuing a DD Form 214 upon immediate reenlistment was changed in February 1957 and a           DD Form 214 should have been prepared for this period of service, it is reasonable to believe that the clerks were not yet fully aware of the change in policy.  

3.  He reenlisted in the RA on 26 July 1957.  He was discharged on 25 July 1963 for expiration term of service and issued a DD Form 214 only showing his period of service from 26 July 1957 to 25 July 1963 with his prior active service shown as a consolidated entry of 3 years, 4 months, and 8 days.

4.  As a matter of equity, the applicant should be issued a DD Form 215 adding the date of his induction and the date he was honorably discharged to enlist, and the date of his first enlistment date and term of enlistment to his DD Form 214.  Therefore, it would be appropriate to correct his DD Form 214 and issue a       DD Form 215 to show he was inducted on 18 March 1954, he was honorably discharged on 6 September 1955 to enlist in the RA, he enlisted in the RA on      7 September 1955 for a period of 3 years, and he was honorably discharged on 25 July 1957 to reenlist.

BOARD VOTE:

__x___  ____x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by  adding to the Remarks section of his DD Form 214 for the period ending 25 July 1963 the following entry:

* Inducted on 18 March 1954
* Honorably discharged on 6 September 1955 to enlist
* Enlisted 7 September 1955 for three (3) years
* Honorably discharged on 25 July 1957 to reenlist




      _______ _  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)                                         AR20110012916



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ABCMR Record of Proceedings (cont)                                         AR20110012916



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