BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120009035
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 that his DD Form 214 (Report of Transfer or Discharge) be corrected to show he had 2 years, 11 months, and 26 days of active duty service.
2. The applicant states he served on active duty just short of 3 years. The
2 years that are shown on his DD Form 214 are incorrect. He needs the correction to properly file for civilian retirement.
3. The applicant provides a copy of his DD Form 214.
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's DD Form 214 shows he enlisted in the Regular Army on 17 November 1967 and he was released from active duty on 12 November 1970, which was a period of 2 years, 11 months, and 26 days. His DD Form 214 also shows in:
* items 22a (1) (Net Service This Period) 1 year, 11 months, and 26 days
* item 22a(3) (Total) service 1 year, 11 months, and 26 days
* item 22b (Total Active Service) 1 year, 11 months, and 26 days
3. All other records in the applicant's official record support that he served in an active duty status from 17 November 1967 through 12 November 1970.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the active Army. It establishes standardized policy for preparing and distributing the DD Form 214 and states transition centers are to ensure all information on the DD Form 214 and other separation documents is accurate. The DD Form 214 is of vital importance to the separating Soldier and must be properly prepared according to prescribed guidance. No deviation is authorized.
DISCUSSION AND CONCLUSIONS:
The applicant served 2 years, 11 months, and 26 days. Therefore, the entries in items 22a(1), 22a(3), and 22b should be corrected to show his service equals
2 years, 11 months, and 26 days.
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:
* deleting the entries in items 22a(1), 22a(3), and 22b of his DD Form 214
* adding 2 years, 11 months, and 26 days in all three items above
_______ _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) AR20120009035
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120009035
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100022164
The applicant requests, in effect, correction of item 17c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he entered active service on 27 November 1964 instead of 27 November 1965. His DD Form 214 shows in: * item 11d (Effective Date) the entry 26 November 1967 * item 16 the entry 26 November 1971 * item 17c the entry 27 November 1965 6. Based on the correction to the applicant's date of entry, his net service during the period...
ARMY | BCMR | CY2010 | 20100029546
BOARD DATE: 28 June 2011 DOCKET NUMBER: AR20100029546 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show service credit for all of the time he spent on active duty. Item 22b (Total Active Service) - "0 years, 2 months, and 11 days" c. Item 26a (Non-Pay Periods Time Lost) the entries: * 14 May 1969 - 20 May 1969 * 26 May 1969 - 27 June 1969 * 30 July 1969...
ARMY | BCMR | CY2014 | 20140012264
His prior USAF service was properly recorded in item 22a(2) of his DD Form 214 for the period ending 22 October 1970. The governing Army regulation in effect at the time of his separation from the Regular Army did not provide for the recording of awards issued outside of the period covered by that DD Form 214. Therefore, there is no basis to amend his DD Form 214, for the period ending 22 October 1970, to show an award that was awarded during a period covered by a different DD Form 214.
ARMY | BCMR | CY2011 | 20110016294
The applicant's DD Form 214 shows the following: a. 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. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for...
ARMY | BCMR | CY2004 | 2004106456C070208
Carol A. Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The evidence of record confirms the total period of active military service covered by the DD Form 214 in question is 2 years, 10 months and 15 days. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2005 | 20050005975C070206
The applicant requests that his DD Form 214 (Report of Transfer or Discharge) be corrected to show the correct spelling of his last name, date of entry, discharge date, and date of birth. Although the applicant contends that he was discharged in September 1971, his discharge orders show he was discharged effective 26 August 1971 which is properly reflected in item 11d on his DD Form 214. Since the evidence of record shows the applicant enlisted on 29 January 1971 and was discharged on 26...
ARMY | BCMR | CY2008 | 20080010502
The evidence clearly shows that he completed 4 months and 10 days of total active service. However, the evidence clearly shows that he only completed 4 months and 10 days of active duty service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the entry, "0 4 10," in item 22a(1) (Net Service This Period), of his DD Form 214; and b. showing the entry "0 4 10," in item 22b (Total Active Service), of his DD Form 214.
ARMY | BCMR | CY2007 | 20070001705
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 26 July 2007 DOCKET NUMBER: AR20070001705 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that item 26a (Non-Pay Periods Time Lost [Preceding Two years]), of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), which shows the entry "6APR71 ...
ARMY | BCMR | CY2009 | 20090014132
The applicant states, in effect, that item 22 of his DD Form 214 does not show his dates of creditable service. The applicant's military records show he enlisted in the Regular Army in pay grade E-1 on 6 July 1964 for 3 years. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing in Item 22c of the applicant's DD Form 214 a credit of 7 months and 10 days and providing him a corrected separation document as a result of...
ARMY | BCMR | CY2010 | 20100008581
This regulation further states when a member returned from an absence that is or appears to be unauthorized, the unit commander will informally investigate the case at once. A copy of the applicant's DA Form 20 shows the AWOL time during the period 25 September 1969 - 4 November 1969 was to be made good per the letter from the 257th Replacement Company, dated 11 April 1970. Therefore, this portion of his DD Form, 214 should be corrected to remove the erroneous period of AWOL and to show 40...