IN THE CASE OF:
BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130015705
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he completed 4 years, 6 months, and 12 days of active service.
2. The applicant states that his DD Form 214 only gives him credit for 4 years and 5 months of service when in fact he has 4 years, 6 months, and 12 days of active service.
3. The applicant provides a copy of his DD Form 214 and a Postal Service Form 50 with his application.
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 enlisted in the U.S. Army Reserve under the delayed entry program (DEP) on 16 April 1976 and enlisted in the Regular Army on 30 June 1976. He completed his training as an infantryman and was transferred to Germany for his first assignment on 22 October 1976.
3. On 18 October 1978, he was honorably discharged for the purpose of immediate reenlistment. He had served 2 years, 3 months, and 19 days of active service.
4. On 19 October 1978, he reenlisted for a period of 3 years. He completed his tour in Germany and was transferred to Fort Hood, Texas where he remained until he was discharged under honorable conditions on 26 March 1981. He had served 2 years, 5 months, and 15 days of active service and had 22 days of lost time due to being absent without leave (AWOL) which reduced his active service this period to 2 years, 4 months, and 15 days. In total, he had served 4 years,
8 months, and 3 days of total active service and 2 months and 14 days of inactive service in the DEP.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect all active service performed during the period covered by the DD Form 214 and all prior active and inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should be corrected to reflect all of his service has been noted.
2. While the applicant has requested that his DD Form 214 be corrected to reflect that he served 4 years, 6 months, and 12 days of active service, all of his service is reflected on his DD Form 214 and it shows he completed 4 years,
8 months, and 3 days of total active service.
3. Therefore, in the absence of evidence to show otherwise, there appears to be no error or injustice to correct in his case and no basis to grant his request.
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) AR20130015705
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ABCMR Record of Proceedings (cont) AR20130015705
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