IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130019613
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 (Report of Separation from Active Duty) to show he entered active duty on 28 October 1970 instead of 12 July 1971.
2. He states his DA Form 20 (Enlisted Qualification Record) supports the date he entered active duty in the U.S. Army as 28 October 1970.
3. He provides his DD Form 214, a DD Form 215 (Correction to DD Form 214), and his DA Form 20.
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 are not available to the Board. This case is being considered using the documents provided by the applicant.
3. His DA Form 20 indicates he enlisted in the Regular Army (RA) on 28 October 1970 as it shows he was appointed as a private/E-1 on 28 October 1970 in item 33 (Appointments and Reductions) under the provisions of Army Regulation 601-210 (Regular Army Enlistment Program), paragraph 2-9 (enlistment grade for persons enlisted in the RA).
4. His DD Form 214 shows he enlisted in the RA on 12 July 1971 and was released from active duty (REFRAD) on 11 July 1974, which is a period of 3 years of active military service. The DD Form 214 issued for this period shows in:
* item 15 (Date Entered Active Duty This Period) he entered active duty on 12 July 1971
* item 18a (Net Active Service This Period) he completed 3 years of active service during this period
* item 18b (Total Prior Active Service) he completed 8 months and 7 days of prior active service
* item 18d (Prior Inactive Service) no entry for prior inactive service
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. The regulation directed that all service shown in 18(a) through (f) would be less time lost under 10 USC 972 and time lost subsequent to expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DD Form 214 shows he enlisted on 12 July 1971 and was REFRAD on 11 July 1974 (a period 3 years). It is presumed that he reenlisted on 12 July 1971 as his DA Form 20 confirms he enlisted in the RA on 28 October 1970.
2. His service record does not show he was issued a DD Form 214 for his service in the RA from 28 October 1970 through 11 July 1971. However, he is not authorized to be issued a new DD Form 214 because it is presumed he was already issued a discharge document covering this period of service. However, it would be appropriate to issue him an appropriate document showing his service in the RA from 28 October 1970 through 11 July 1971.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by issuing him an appropriate document showing his service in the RA from 28 October 1970 through 11 July 1971.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correcting his DD Form 214 to show he entered active duty on 28 October 1970.
__________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) AR20130019613
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ABCMR Record of Proceedings (cont) AR20130019613
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