BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130018816
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 item 18c (Date of Entry) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 11 October 1966 be corrected to show 10 October 1960 instead of
11 October 1963.
2. The applicant states:
* his discharge has an incorrect date of entry
* item 18c of his DD Form 214 for the period ending 11 October 1966 should read 10 October 1960
* he served three years in the Army with a reenlistment for an additional three years
* this DD Form 214 shows he completed 6 years and 1 day of total active service
3. The applicant provides a copy of his DD Form 214 for the period ending
11 October 1966.
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 enlistment contract shows he enlisted in the Regular Army (RA) on 11 October 1960 for a period of 3 years. He was honorably discharged on 10 October 1963 for immediate reenlistment.
3. His DD Form 214 for the period ending 10 October 1963 shows:
* he entered active duty on 11 October 1960
* he completed 3 years of total active service
4. He reenlisted on 11 October 1963 for a period of 3 years. He was honorably discharged on 11 October 1966.
5. His DD Form 214 for the period ending 11 October 1966 shows in:
* Item 18c he entered active duty on 11 October 1963
* Item 24a(2) (Other Service) he had 3 years
* Item 24b (Total Active Service) he had 6 years and 1 day
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states that for item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant enlisted in the RA on 11 October 1960 and he was discharged on 10 October 1963, which is properly shown on his DD Form 214 for the period ending 10 October 1963. A copy of this DD Form 214 will be provided to the applicant.
2. He immediately reenlisted on 11 October 1963 and he was discharged on
11 October 1966, which is properly shown on his DD Form 214 for the period ending 11 October 1966. His period of prior active service is properly reflected in item 24a(2) of his DD Form 214 for the period ending 11 October 1966. Therefore, there is no basis for granting the applicant's request to amend item 18c of his DD Form 214 for the period ending 11 October 1966.
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) AR20130018816
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ABCMR Record of Proceedings (cont) AR20130018816
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