IN THE CASE OF:	

		BOARD DATE:	  1 May 2014

		DOCKET NUMBER:  AR20130015021 


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 item 24a(1) (Net Service This Period) of his DD Form 214 (Armed Forces of the United States Report of Transfer of Discharge) ending on 2 May 1966. 

2.  The applicant states:

   a.  He enlisted on 26 April 1966 and then he reenlisted.  He held military occupational specialty 31L (radio and relay carrier repairman).  A DD Form 215 (Correction to DD Form 214), was issued on 15 June 1966 correcting item 11d (Effective Date) of his 1966 DD Form 214 to show a date of 2 May 1966.  This DD Form 214 shows he served 7 days, but he served for almost 3 years.  

   b.  He served in Vietnam, played the drums, and toured Vietnam playing the drums in the band.  He has received a home loan through the Department of Veterans Affairs (VA) and he also went to school paid for by the VA.  There must be another DD Form 214.  

3.  The applicant provides copies of his 1966 DD Form 214, DD Form 215, VA file number identification, and an SSS Form 110 (Selective Service System Notice of Classification).





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 was inducted into the Army of the United States (AUS) on 26 April 1966.  Special Orders (SO) Number 100, were issued by Headquarters, U.S. Army Reception Station, dated 2 May 1966, honorably discharging him from the AUS on the same day.  He was issued a DD Form 214 which lists in:

* Item 11a (Type of Transfer or Discharge) - Discharge
* Item 11c (Reason and Authority) - Paragraph 2, Army Regulation 635-205, SPN 21L Immediate Enlistment
* Item 11d - "blank"
* Item 16 (Date Inducted) - 26 April 1966 
* Item 24a(1) (Net Service This Period) - 7 days
* Item 24a(2) (Other Service) - zero credit
* Item 24a(3) (Total Line (1) + Line (2)) - 7 days
* Item 24b (Total Active Service) - 7 days

3.  His record contains the following documents issued by Headquarters, U.S. Army Reception Station:

* SO Number 101, dated 3 May 1966, enlisting him in the Regular Army (RA) on 3 May 1966 for 3 years  
* amendment of DD Form 214, Report of Transfer or Discharge memorandum, dated 5 May 1966, wherein his name is listed among several other Soldiers who immediately enlisted on 3 May 1966

4.  On 15 June 1966, a DD Form 215 was issued correcting item 11d of his 1966 DD Form 214 to show the date of 2 May 1966.


5.  He was released from active duty on 3 February 1969 and was transferred to the U.S. Army Reserve.  His DD Form 214 shows in:

* Item 11d - 3 February 1969
* Item 17c (Date of Entry) - 3 May 1966
* Item 22a(1) - 2 years, 9 months,  and 1 day
* Item 22a(2) - 7 days
* Item 22a(3) - 2 years, 9 months, and 8 days

6.  Army Regulation 635-5 (Separation Documents), in effect at the time his 1966 DD Form 214 was prepared, stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated in:

* Item 11a - enter "Discharge" for enlisted personnel discharged for immediate reenlistment
* Item 11c - enter the authority for discharge
* Item 11d - enter date separation was accomplished
* Item 16 - enter date induction was accomplished
* Item 24a(1) - enter total service completed between the date shown in items 16 and 11d (Effective Date) of the DD Form 214
* Item 24a(2) - enter all prior service excluding service shown in item 24a(1) and including any period served in the USAR as a Reservist not on active duty
* Item 24b - enter total active service the individual completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the USAR not on active duty, and less lost time

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the AUS on 26 April 1966.  SO were issued discharging him from the AUS on 2 May 1966 for the purpose of immediate enlistment.  He was issued a DD Form 214 properly crediting him with completion of 7 days of net active service; however, item 11d of this DD Form 214 was left blank.  Therefore, he was issued a DD Form 215 correcting item 11d of his 1966 DD Form 214 to show a date of 2 May 1966.

2.  He enlisted in the RA on 3 May 1966.  

3.  He was released from active duty on 3 February 1969.  He was issued a 
DD Form 214 properly crediting him with completion 2 years, 9 months, and 
1 days of net active service and 7 days of other service.  
4.  In view of the foregoing, he is not entitled to correction of item 24a(1) of his 1966 DD Form 214 to show a credit of 2 years, 9 months, and 1 days of net active service.  This service was properly annotated on the 1969 DD Form 214 issued.  A copy of this DD Form 214 will be provided to him.

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)                                         AR20130015021





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ABCMR Record of Proceedings (cont)                                         AR20130015021



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