IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110016294 


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 service dates on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states:

* his DD Form 214 does not reflect his correct dates of service
* he served for 2 years that are not listed on his DD Form 214 and this is affecting his Social Security payments
* he enlisted in the service on 26 October 1965 and was discharged on 25 October 1967
* he extended on 6 November 1967 and was discharged on 28 September 1968
* he was unaware of the problem until he applied for Social Security benefits

3.  The applicant provides:

* DD Form 214 ending 28 September 1968
* DA Form 20 (Enlisted Qualification Record)

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 in the Army of the United States on 26 October 1965.  He completed training and was awarded military occupational specialties 36K (Field Wireman) and later, 11B (Light Weapons Infantryman).  The highest rank/grade he attained while on active duty was staff sergeant/E-6.

3.  The applicant's DD Form 214 shows the following:

a. Item 17c (Date of Entry) shows 6 November 1967.

b. Item 11d (Effective Date) shows 28 September 1968.

c. Item 22a(1) (Net Service this Period) shows 10 months and 23 days.

d. Item 22a(2) (Other Service) shows 2 years and 11 days.

e. Item 22a(3) (Total) shows 2 years, 11 months, and 4 days.

f. Item 22b (Total Active Service) shows 2 years, 11 months, and 4 days.

g. Item 22c (Foreign and/or Sea Service) shows 10 months and 19 days.

4.  Special Orders Number 73, Armed Forces Examining and Entrance Station (2536-15), Boise, Idaho, dated 26 October 1965, shows the applicant was inducted in the Army of the United States for an active duty commitment of 24 months unless sooner discharged or extended by proper authority and assigned for processing and further assignment.

5.  On 9 August 1967, the applicant requested an extension of his current period of active service beyond his normal end of term of service of 25 October 1967.
The Adjutant General approved the applicant's request and indicated the following:

	"Appropriate unit of assignment at expiration of current period of service will issue orders effecting release from active duty, Transfer to the United States Army Reserve and recall to active duty as a Reservist citing paragraph 37, Army Regulation 601-201 and Title 10, United States Code, Section 672(d) as the authority."

6.  Special Orders Number 248, Headquarters, 5th Infantry Division (Mechanized) and Fort Carson, Fort Carson, CO, dated 5 September 1967, assigned the applicant to the USAOSREPLSTA (U.S. Army Overseas Replacement Station) (6020) Building 640 Overseas Army Replacement Branch (OARB), Oakland, CA, for further assignment to USARV (U.S. Army Republic of Vietnam) Transient Detachment, APO SF, for ultimate assignment to the 90th Artillery Group (Replacement Battalion), APO SF.

7.  Item 38 (Record of Assignment) of the applicant's DA Form 20 shows that on 13 September 1967, he was in a casual status en route to Vietnam.  On 28 October 1967, he was assigned as a Team Leader with Company C, 2nd Battalion, 27th Infantry, 25th Infantry Division.   

8.  Special Orders Number 311, Headquarters, 25th Infantry Division, APO SF, dated 7 November 1967, relieved the applicant from active duty, transferred him to the Army Reserve, and ordered him to active duty from Army Reserve status. 

9.   Special Orders Number 269, Headquarters, U.S. Army Personnel Center, Oakland, CA, dated 25 September 1968, released the applicant from active duty and transferred him to the U.S. Army Reserve Control Group (Reinforcement) effective 28 September 1968.

10.  The applicant's record is void of an additional DD Form 214 covering the period 25 October 1965 through 5 November 1967.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The separation document is to provide the individual with a complete and accurate documentary evidence of their military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty of more than 90 days to include attendance at basic and advanced training and is prepared for all personnel at the time of their retirement, discharge, or release from active duty. Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of Foreign Service completed during the period covered by the DD Form 214 is entered in item 24c and is obtained from the Soldier’s records.   



DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 was carefully considered.

2.  The applicant's DD Form 214 shows the following:

* Item 17c shows 6 November 1967, the date the applicant entered his extension period
* Item 22a(1) shows he had 10 months and 23 days of service
* Item 22a(2) shows he had 2 years and 11 days of other service
* Item 22b shows he had a total of 2 years, 11 months, and 4 days of active service

3.  Although the applicant contends the dates are incorrect on his DD Form 214 and 2 years of service is missing, a thorough review of his records shows the dates listed on his DD Form 214 are correct and the missing 2 years are listed in item 22a(2).  For reasons unknown, a separate DD Form 214 covering the period 25 October 1965 to 5 November 1967 was not issued; however, the 2 years of service in question is accurately reflect on his DD Form 214.

4.  In view of the foregoing, there is no basis for granting 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 that 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)                                         AR20110016294



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ABCMR Record of Proceedings (cont)                                         AR20110016294



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