IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130020193
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 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 12 January 1959 to show in item 19c (Date of Entry) 13 January 1956 vice 13 January 1959.
2. The applicant states he could not have been discharged the day before he entered the service.
3. The applicant provides three DD Forms 214 (Report of Separation from the Armed Forces of the United States).
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 Regular Army (RA) on 9 November 1948 and he was honorably discharged on 12 August 1952. The DD Form 214 he was issued for this period of service shows he completed 3 years, 9 months, and 8 days of creditable active service during this period of service.
3. He enlisted in the RA on 4 September 1953 and he was discharged for the purpose of immediate reenlistment on 11 January 1956. The DD Form 214 he was issued for this period of service is not available for review with this case.
4. He reenlisted in the RA on 12 January 1956 and he was discharged for the purpose of immediate reenlistment on 12 January 1959. Item 19c of the DD Form 214 he was issued for this period of service shows his date of entry as 13 January 1959. Item 24a(1) (Net Service This Period) contains the
entry 3--0--0.
5. He reenlisted in the RA on 13 January 1959 and he continued to serve through a second reenlistment. He was honorably retired on 31 December 1969 and placed on the Retired List on 1 January 1970.
6. His record contains a Notification of Change in Department of the Army Records, dated 18 April 1956, wherein it shows he reenlisted in the RA on 12 January 1956.
7. His record also contains a DA Form 2339 (Application for Voluntary Retirement), dated 1 January 1969, wherein it shows he served in the RA from 12 January 1956 to 12 January 1959, a period of 3 years and 1 day.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms during the applicant's period of service ending on 12 January 1959 he entered active duty on 12 January 1956. It appears an error occurred during the preparation of his DD Form 214 when the date was erroneously entered as 13 January 1959. Therefore, he is entitled to correction of his DD Form 214 for the period ending 12 January 1959 to show the correct date he entered active duty and the net active service he completed during this period of service.
2. With respect to correcting this DD Form 214 to show his entry date as 13 January 1956, his record confirms the date he reenlisted was 12 January 1956.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ 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 all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 for the period ending 12 January 1959 as follows:
* deleting the entry in item 19c and replacing it with the entry "12 January 1956"
* deleting the entry in item 24a(1) and replacing it with the entry "3--0--1"
2. The Board further determined that the evidence presented is 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 showing his entry date as 13 January 1956.
_______ _ 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) AR20130020193
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ABCMR Record of Proceedings (cont) AR20130020193
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