IN THE CASE OF:
BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20140002838
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 31 March 1968 to show completion of 6 years of service instead of only 6 days.
2. The applicant states he completed 6 years not 6 days of service. He completed 3 years of active service and 3 years in the U.S. Army Reserve (USAR).
3. The applicant provides his DD Form 214 for the period ending 31 March 1968.
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 records show he was inducted into the Army of the United States (AUS) for a 2-year term on 26 March 1968. However, he was discharged on 31 March 1968 to enlist in the Regular Army (RA).
3. He was issued a DD Form 214 that captured this period of induction and credited him with 6 days of active service.
4. He enlisted in the RA for a 3-year term on 1 April 1968. He was trained in and held military occupational specialty 63H (Engineer Power Transmission Repairman).
5. He served in Germany with the 71st Maintenance Battalion from on or about 19 October 1968 to on or about 21 March 1971.
6. On 22 March 1971, Headquarters, U.S. Army Personnel Center, Fort Dix, NJ, published Special Orders Number 81 ordering his reassignment to the U.S. Army Transition Center for separation outprocessing effective 22 March 1971.
7. He was honorably released from active duty on 22 March 1971 and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.
8. He was issued a DD Form 214 that captured this period of enlistment as well as his prior service. This DD Form 214 shows the following entries in item 22 (Statement of Service):
* item 22a(1) (Net Service This Period) 02 11 22 (2 years, 11 months, and 22 days)
* item 22a(2) (Other Service) 0 00 06 (6 days)
* item 22a(3) (Total (Line 1 plus Line 2)) 02 11 28
* item 22b (Total Active Service) 02 11 28
9. He was ultimately honorably discharged from the USAR on 1 March 1974 upon completion of his military service obligation.
10. Army Regulation 635-8 (Separation Processing and Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states the DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment. A DD Form 214 will be prepared for Reserve Component Soldiers completing 90 days or more days of continuous active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant completed two periods of active duty service and he was issued a separate DD Form 214 for each period.
a. He was inducted into the AUS on 26 March 1968 and he was discharged on 31 March 1968. He completed 6 days of active service during this period.
b. He enlisted in the RA on 1 April 1968 and he was honorably released from active duty on 22 March 1971. He completed 2 years, 11 months, and 22 days of active service during this period. His second DD Form 214 credited him with this active service as well as his 6 days of prior active service, for a total of 2 years, 11 months, and 28 days.
c. The applicant was provided with a copy of the second DD Form 214 by separate correspondence.
2. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. Reserve time is not listed on the DD Form 214 because it is not active service. There is no evidence the applicant completed another period of active duty service of at least 90 days in duration that would have required the issuance of a separate DD Form 214 between the date he was released from active duty on 22 March 1971 and the date he was ultimately discharged from the USAR on 1 March 1974.
3. Both of the applicant's DD Form 214 are correct and require no further correction.
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 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) AR20140002838
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ABCMR Record of Proceedings (cont) AR20140002838
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