IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110017381
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 his dates of service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 May 1985 be corrected.
2. The applicant states his DD Form 214 for the period ending 13 May 1985 does not show his true dates of service from 28 May 1971 to 1 September 1995.
3. The applicant provides:
* Discharge orders, dated 15 June 1995
* Army National Guard Retirement Points History Statement
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service
* Oath of enlistment
* DD Form 214 for the period ending 13 May 1985
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army (RA) on 28 May 1971. On
24 January 1974, he was honorably discharged for immediate reenlistment.
3. His DD Form 214 (Report of Separation from Active Duty) for the period ending 24 January 1974 shows he enlisted on 28 May 1971 and he was discharged on 24 January 1974 after completing 2 years, 7 months, and 27 days of creditable service.
4. He reenlisted in the RA on 25 January 1974 and he was honorably discharged for immediate reenlistment on 9 November 1977.
5. Item 15 (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 9 November 1977 shows the entry "74 01 25" (25 January 1974). Item 9d (Effective Date) shows the entry "77 11 09" (9 November 1977). Item 15b (Prior Active Service) shows the entry "02 07 27" (2 years, 7 months, and
27 days).
6. He reenlisted in the RA on 10 November 1977 and he was honorably discharged for expiration term of service on 13 May 1985.
7. Item 12a (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 13 May 1985 shows the entry "77 11 10" (10 November 1977). Item 12b (Separation Date this Period) shows the entry "85 05 13" (13 May 1985). Item 12d (Total Prior Active Service) shows the entry "06 05 12" (6 years, 5 months, and 12 days).
8. He enlisted in the Army National Guard (ARNG) on 26 March 1986. On
25 March 1995, he was honorably discharged and transferred to the Retired Reserve.
9. His NGB Form 22 shows he enlisted in the ARNG on 26 March 1986 and he was honorably discharged on 25 March 1995. Item 10c (Prior Active Federal Service) of his NGB Form 22 shows he completed 13 years, 11 months, and
16 days (his prior active service).
10. Army Regulation 635-5 (Separation Documents) 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 and states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty.
2. The evidence of record shows the applicant enlisted in the RA on 28 May 1971 and he was discharged on 24 January 1974 which is reflected on his DD Form 214 for the period ending 24 January 1974. He reenlisted in the RA on 25 January 1974 and was discharged on 9 November 1977 which is reflected on his DD Form 214 for the period ending 9 November 1977. He reenlisted in the RA on 10 November 1977 and was honorably discharged on
13 May 1985 which is reflected on his DD Form 214 for the period ending 13 May 1985. Therefore, there is no basis for granting his request to amend his DD Form 214 for the period ending 13 May 1985 to show his active duty service from 28 May 1971 through 9 November 1977.
3. Since his inactive service in the ARNG from 26 March 1986 to 25 March 1995 was after his discharge from active duty, there is no basis for showing this service on his DD Form 214 for the period ending 13 May 1985.
4. A copy of the applicant's DD Forms 214 for the periods ending 24 January 1974 and 9 November 1977 will be provided to the applicant with this Record of Proceedings.
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) AR20110017381
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017381
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140006404
He provides: * Self-authored statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 1992 * DD Form 149 (Application for Correction of Military Record), dated 11 November 2012 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 10 September 1971 * DD Form 214 (Report of Separation from Active Duty), for the period ending 26 September 1977 * DD Form 215 (Correction to DD Form 214) *...
ARMY | BCMR | CY2011 | 20110022689
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his foreign service in the Republic of Korea (ROK) and award of the Expert Marksmanship Qualification Badge with Rifle Bar (M-16). The applicant provides: * DD Form 214 for the period ending 13 December 1971 * DD Form 214 for the period ending 18 February 1977 * DA Form 20 (Enlisted Qualification Record) prepared on 18 June 1969 and last audited on 19 January 1971 * DA Form 2-1 (Personnel...
ARMY | BCMR | CY2011 | 20110004401
He states that he would like his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 31 May 1996 reissued to show his name as Rxxxxx Lxx Cxxxxxxx instead of Cxxxxxxxx Fxxx Jr. His military record for these periods of service also shows his birth name. However, his military record for the period of service from 16 November 1977 through 31 May 1996 and the 1996 DD Form 214 are correct as currently constituted and, as a result, there is no basis for...
ARMY | BCMR | CY2014 | 20140008023
The applicant requests correction of his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his awards, including the Bronze Star Medal with "V" Device and three oak leaf clusters, the Silver Star, the Army Commendation Medal, and the Meritorious Service Medal. He states he requested verification of his service awards through the National Personnel Records Center (NPRC) and discovered these awards are not listed on his retirement DD Form 214. His...
ARMY | BCMR | CY2012 | 20120022869
Application for correction of military records (with supporting documents provided, if any). 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. His last DD Form 214 correctly shows he entered active duty this period on 7...
ARMY | BCMR | CY2009 | 20090019621
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 31 May 1981 to show all periods of his foreign service. His previous DD Form 214 (Report of Separation from Active Duty) for the period ending on 4 May 1977 listed 2 years, 10 months, and 11 days of foreign service. Item 22c of the DD Form 214 for the period 11 April 1967 to 29 July 1971 does not show completion of any foreign service.
ARMY | BCMR | CY2014 | 20140003368
The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) ending on 21 November 1977 to show: * completion of advanced individual training (AIT) at Fort Ord, CA * completion of the Nuclear, Biological, and Chemical (NBC) School in Korea * his signature and that of the officer authorized to sign the form 2. c. Item 26 shows formal in-service training courses completed during the period covered by the DD Form 214. d. Items 29 and 31 show the signatures of...
ARMY | BCMR | CY2011 | 20110010870
The applicant requests correction of his DD Form 214 (Certificate of Release Discharge from Active Duty) for the period ending 31 October 1985 and his DA Form 2-1 (Personnel Qualification Record) to show award of the Meritorious Service Medal. The applicant's military service record shows he retired on 31 October 1985. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. deleting from item 13 of his DD Form 214 for the...
ARMY | BCMR | CY2010 | 20100007740
Application for correction of military records (with supporting documents provided, if any). He was issued a DD Form 214 which shows, in Item 15, the date 17 January 1972. As a result, the Board recommends denial of so much of the application that pertains to amending Item 15 of his DD Form 214 for the period ending 16 October 1974 to show he entered on active duty on 17 January 1971.
ARMY | BCMR | CY2009 | 20090009861
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 April 1995 to show his prior active and inactive service. The DD Form 214 is a "snapshot in time" and is a reflection of the applicant's record of active Army service at the time of his separation from active duty. Evidence of record shows the applicant was inducted on 24 February 1970 and was released from active duty on 26 October 1971 after...