IN THE CASE OF:  	  

		BOARD DATE:  2 October 2014	  

		DOCKET NUMBER:  AR20140002367 


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 item 11c (Reason and Authority), item 17c (Date of Entry), and item 20 (Place of Entry into Current Active Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 19 September 1973.  He specifically requests removal of the entry "SPN [separation program number] 411" from item 11c.

2.  The applicant states his actual date of entry was 4 January 1970, when he executed his oath of service in Abilene, Texas.  On 29 September 1970, he took a "short" 3-year reenlistment at Fort McClellan, Alabama – not Arizona.  He is trying to retire and wants to buy back his military time to add to his State service to enhance his retirement; however, the Employee Retirement System of Texas brought to his attention that the entry and discharge dates shown on his DD Form 214 average out to be a little less than 3 years.  He showed them the DD Form 214 also shows he completed 3 years, 8 months, and 15 days, but they won't accept it.

3.  The applicant provides:

* DD Form 214 for the period ending 19 September 1973
* discharge orders, dated 25 September 1970
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 on 5 January 1970 for a period of 3 years.  He trained as a military policeman and he was honorably discharged on 28 September 1970 for immediate reenlistment.

3.  His DD Form 214 for the period ending 28 September 1970 shows in:

* item 17c – he entered active duty on 5 January 1970
* item 20 – he entered his current active service in Abilene, Texas
* item 22a(1) (Net Service This Period) – he completed 8 months and 24 days of active service during this period
* item 21 (Home of Record at Time of Entry into Active Service) shows his home of record to be Odessa, TX

4.  He reenlisted on 29 September 1970 for a period of 3 years.  He was honorably released from active duty on 19 September 1973.

5.  His DD Form 214 for the period ending 19 September 1973 shows in:

* item 11c – the entry Chapter 5, Section VII, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), SPN 411, Early Separation of Overseas Returnee
* item 17c – he entered active duty on 29 September 1970
* item 20 – he entered active duty from "Fort McClellan, Arizona"
* item 22a(2) (Other Service) – he completed 8 months and 24 days
* item 22b (Total Active Service) – he completed 3 years, 8 months, and 15 days of total active service
* item 21 shows his home of record to be Odessa, TX

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents furnished to each individual separated from 


the Army and established standardized procedures for preparation and distribution of these documents.  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.  It further stated:

	a.  For item 17c, enter the date of entry on active duty or the date active duty enlistment or reenlistment was accomplished.  The date entered in this item will be the earliest active duty date not previously covered by a DD Form 214.

	b.  Appendix A (SPN and Authority Governing Separations) stated SPN 411 is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 635-200, paragraph 5-14, for early separation of overseas returnees.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to remove the entry "SPN 411" from item 11c of his DD Form 214 for the period ending 19 September 1973 was noted; however, he was assigned the appropriate SPN code and narrative reason for separation.  As such, there is no basis for amending item 11c of this DD Form 214.

2.  The evidence shows he enlisted in the Regular Army on 5 January 1970 which is properly shown in item 17c of his DD Form 214 for the period ending 28 September 1970.  A copy of this DD Form 214 will be provided to the applicant.

3.  He immediately reenlisted on 29 September 1970 and he was released from active duty on 19 September 1973; both dates are properly shown on his DD Form 214 for the period ending 19 September 1973.  Therefore, there is no basis for amending item 17c of his DD Form 214 for the period ending 19 September 1973.

4.  Item 20 of his DD Form 214 for the period ending 19 September 1973 shows he entered active duty from "Fort McClellan, Arizona."  Since Fort McClellan is located in Alabama, it would be appropriate to correct item 20 of his DD Form 214 for the period ending 19 September 1973 to show Alabama instead of Arizona.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X___   ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 deleting the entry in item 20 of his DD Form 214 for the period ending 19 September 1973 and replacing it with the entry "Fort McClellan, Alabama."

2.  The Board further determined 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 amending items 11c and 17c of his DD Form 214 for the period ending 19 September 1973.



      _______ _   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)                                         AR20140002367



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140002367



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1