IN THE CASE OF:	  

		BOARD DATE:  15 October 2013

		DOCKET NUMBER:  AR20130003169 


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 DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 September 1979 be corrected to show his correct dates of active service.

2.  The applicant states his dates of active service were from 1973 to 1979.

3.  The applicant provides his:

* DD Form 214 with an effective date of 10 September 1979
* General Discharge Certificate, dated 10 September 1979 

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.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant enlisted in the Florida Army National Guard (FLARNG) on 
8 November 1974.  Block 49 (Prior Service) shows no service.

3.  State of Florida, Department of Military Affairs, Office of the Adjutant General Special Orders Number 230, dated 20 November 1974, ordered the applicant to active duty for training (ADT) with a reporting date of 29 December 1974.

4.  Headquarters U.S. Army Training Center, Infantry and Fort Polk Special Orders Number 099, dated 9 April 1975, relieved the applicant from ADT not by reason of physical disability effective 28 April 1975 and returned him to his FLARNG unit.

5.  He was issued a DD Form 214 for the above period of active service.  There is no lost time shown on this DD Form 214.

	a.  Item 15 (Date Entered Active Duty This Period) contains the entry 
"74 12 29" or 29 December 1974.

	b.  Item 9d (Effective Date) contains the entry "75 04 28" or 28 April 1975.

	c.  Item 18a (Net Active Service This Period) contains the entry "0 4 0" or 
4 months.

6.  On 8 January 1978, the applicant's unit commander notified the applicant that he was requesting that he be involuntarily ordered to active duty for 24 months due to six unexcused absences within a 1-year period.

7.  Headquarters, First U.S. Army, Fort Meade, MD Orders 48-15, dated
13 March 1978, ordered the applicant to active duty for a period of 18 months and 15 days effective 27 April 1978.

8.  On 10 September 1979, he was discharged by reason of unsuitability - apathy, defective attitude or inability to expend effort constructively.

9.  He was issued a DD Form 214 for the above period of active service.

	a.  Item 15 contains the entry "78 04 27" or 27 April 1978.

	b.  Item 9d contains the entry "79 09 10" or 10 September 1979.

	c.  Item 18a contains the entry "01 03 23" or 1 year, 3 months, and 23 days.
	d.  Item 18b (Prior Active Service) contains the entry "00 05 15" or 5 months and 15 days.

	e.  Item 18c (Total Active Service) contains the entry "01 09 08" or 1 year, 
9 months, and 8 days.

	f.  Item 21 (Time Lost) indicates he had 22 days.

10.  Department of Defense Financial Management Regulation 7000.14-R provides, in pertinent part, that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the 
DD Form 214.  The regulation provided that the beginning date of the continuous period of active duty for which the DD Form 214 is being issued be entered in item 15 of the DD Form 214.  This regulation also provided that the date of separation be entered in item 9d and that the net service for the period shown would be computed by subtracting item 15 from item 9d and then deducting any time lost and non-creditable service after the Soldier's expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  Net service for his DD Form 214 with an effective date of 28 April 1975 is computed by subtracting item 15 from item 9d.  There was no lost time on this 
DD Form 214.

75
04
28
(item 9d)
-  74
12
29
(item 15)

03
29


+
1
(inclusive day)

3
30
(3 months, 30 days)

4

(4 months net service)
2.  Based on the above computations the net service entered in item 18a of his DD Form 214 with an effective date of 28 April 1975 is correct.

3.  Item 18b of his DD Form 214 with an effective date of 10 September 1979 includes his previous period of active service and any periods of active service that were less than 90 days.  There are no records of active service other than his previously issued DD Form 214 to show additional active service.  Therefore, in the absence of evidence to the contrary the entry in item 18b is determined to be correct.

4.  Net service is computed by subtracting item 15 from item 9d of his 
DD Form 214 and then deducting time lost.

79
09
10
     (item 9d)
-  78
04
27
     (item 15)
1
4
14

+      

1
     (inclusive day)
1
4
15
     (1 year, 4 months, and 15 days) 
-  

22
     (time lost)
1
3
23
     (1 year, 3 months, and 23 days net service)
+
5
15
     (prior active service)
1
9
8
     (1 year, 9 months and 8 days total active service)
5.  Based on the above computations the net service entered in item 18a and the total active service entered in item 18c of his DD Form 214 with an effective date of 10 September 1979 are correct.

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)                                         AR20130003169



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ABCMR Record of Proceedings (cont)                                         AR20130003169



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