IN THE CASE OF:
BOARD DATE: 29 April 2014
DOCKET NUMBER: AR20130014892
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, in effect, correction of the entry date shown on his 1967 DD Form 214 (Report of Transfer or Discharge) to 10 December 1964.
2. The applicant states based on the time served the entry date should be 11 December 1964. He states, "there was no break in service." (In a subsequent telephone call the applicant agreed that the entry date on the 17 October 1967 DD Form 214 was wrong and should be changed. He knew he had really been discharged one day and reenlisted the next, so 11 December 1964 is the correct date.) He is trying to get his military time credited for Federal civilian retirement.
3. The applicant provides copies of his DD Forms 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 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's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained solely from the DD Forms 214 provided by the applicant.
3. On 20 November 1963, the applicant enlisted in the Regular Army. He served until 10 December 1964 (a period of 01 year, 00 months, and 21 days) when he was discharged to immediately reenlist in the Regular Army.
4. He reenlisted on 11 December 1964 and served until 17 October 1967 when he was again discharged to reenlist. His DD Form 214 shows in
* item 17c Date of Entry - 18 October 1967
* item 22a(1) Net Service This Period - 02 years, 10 months, 07 days
* item 22a(2) Other Service - 01 year, 00 months, 21 days
* item 22a(3) Total Service - 03 years, 10 months, 28 days
5. On 18 October 1967, the applicant again reenlisted and he served until
17 July 1970 when he was honorably discharged. His DD Form 214 shows in
* item 17c Date of Entry - 18 October 1967
* item 22a(1) Net Service This Period - 02 years, 09 months, 00 days
* item 22a(2) Other Service - 03 year, 10 months, 28 days
* item 22a(3) Total Service - 06 years, 7 months, 28 days
6. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The instructions for item 17c called for the date of entry for that period of active duty.
DISCUSSION AND CONCLUSIONS:
1. 18 October 1967, the date of entry shown on the applicant's 17 October 1967 DD Form 214, is obviously wrong.
2. Based upon both the date of discharge for the previous period, 10 December 1964, and the elapsed time of 2 years, 10 months, and 07 days; that date of entry should be 11 December 1964.
3. When a Soldier is discharged to reenlist those actions happen on consecutive days. An individual cannot have two actions or statuses at the same time.
4. The applicant's continuous periods of active duty of 1 year, 00 months, and 21 days; 2 years, 10 months, and 7 days; and 2 years, 9 months, and 00 days do total 6 years, 7 months, and 28 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 correcting his 17 October 1967 DD Form 214 by changing item 17c to read
11 December 1964.
_______ _ _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) AR20130014892
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