IN THE CASE OF:
BOARD DATE: 29 March 2012
DOCKET NUMBER: AR20110019276
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 item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 4 March 1971.
2. The applicant states:
* his dates of service are incorrect
* his DD Form 214 shows his date of entry as 5 March 1968 but he entered the service on 4 July 1967
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 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 3 July 1967 for a period of 3 years. He completed training and was awarded military occupational specialty 62E (construction machine operator). On 4 March 1968, he was honorably discharged for immediate reenlistment.
3. His DD Form 214 for the period ending 4 March 1968 shows he enlisted on
3 July 1967 and he was discharged on 4 March 1968 after completing 8 months and 2 days of creditable service.
4. He reenlisted in the RA on 5 March 1968 for a period of 3 years. He served in Vietnam from 4 May 1968 to 4 May 1969. On 4 March 1971, he was released from active duty and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
5. Item 17c (Date of Entry) of his DD Form 214 for the period ending 4 March 1971 shows the entry "5 Mar 68" [5 March 1968]. Item 22a(2) (Other Service) shows he completed 8 months and 1 day (his prior active service).
6. 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 3 July 1967 and he was discharged on 4 March 1968 for immediate reenlistment in the RA which is reflected on his DD Form 214 for the period ending 4 March 1968. He immediately reenlisted in the RA on 5 March 1968 and he was released from active duty on 4 March 1971 which is properly reflected on his DD Form 214 for the period ending 4 March 1971. Therefore, there is no basis for granting his request to amend item 17c of his DD Form 214 for the period ending 4 March 1971.
3. A copy of the applicant's DD Form 214 for the period ending 4 March 1968 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) AR20110019276
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ABCMR Record of Proceedings (cont) AR20110019276
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