IN THE CASE OF:  	  

		BOARD DATE:  7 May 2015	  

		DOCKET NUMBER:  AR20140016898 


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 8 November 1971 to show his date of entry as 2 February 1967 instead of 19 December 1967. 

2.  The applicant states his entry date is incorrect.

3.  The applicant provides his DD Form 214 for the period ending 8 November 1971.

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 on 1 February 1967.  He completed training and he was awarded military occupational specialty 13A (Field Artillery Basic). 

3.  He was honorably discharged from active duty on 18 December 1967 for the purpose of immediate enlistment in the Regular Army (RA).  His DD Form 214 for this period of service shows he completed 10 months and 18 days of active service.

4.  He enlisted in the RA on 19 December 1967.  He served in a variety of assignments including Vietnam and he was honorably released from active duty on 8 November 1971.  

5.  The DD Form 214 he was issued for this period shows he completed 3 years, 10 months, and 20 days of creditable active service during this enlistment.  Furthermore, this form shows the following entries:

* item 17c (Date of Entry) – 19 December 1967
* item 11d (Effective Date) – 8 November 1971
* item 22a(1) (Net Service This Period) – 3 years, 10 months, and 20 days
* item 22a(2) (Other Service) – 10 months and 18 days 
* items 22a(3) (Total) shows 4 years, 9 months, and 8 days
* item 22b (Total Active Service) shows 4 years, 9 months, and 8 days

6.  Army Regulation 635-5 (Separation 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.  

7.  Prior to 1 October 1979, Soldiers were issued DD Forms 214 when discharged for immediate enlistment or reenlistment.  However, this practice was stopped effective 1 October 1979 when the Army discontinued issuing a separate DD Form 214 upon a Soldier's discharge for the purpose of immediate reenlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was initially inducted into the Army of the United States on 1 February 1967 (not 2 February 1967 as he contends) and he was discharged on 18 December 1967 for immediate enlistment.  He completed 10 months and 18 days of active service and he was issued a DD Form 214 that captured this period of service.
2.  He enlisted in the Regular Army on 19 December 1967 and he was released from active duty on 8 November 1971.  He completed 3 years, 10 months, and 20 days of creditable active service with 10 months and 18 days of prior active service during the period covered by his first DD Form 214.  It shows in:

* item 17b of his DD Form 214 the entry "19 December 1967," which is the correct effective date of his enlistment for which a DD Form 214 was not issued
* item 11d the entry "8 November 1971," the effective date of his separation 
* item 22a(1) – 3 years, 10 months, and 20 days, the net service from the date of enlistment to the date of separation 
* item 22a(2) – 10 months and 18 days, his prior active service 
* items 22a(3) and item 22b – a total service of 4 years, 9 months, and 8 days

3.  Based on his combined net active service, the period in item 22a(1) and his total prior active service in item 22a(2) shows he served 4 years, 9 months, and 
8 days of total creditable active service.

4.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active service and provides a brief, clear-cut record of active duty service at the time of release from active service, retirement, or discharge.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the period referenced.  His DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20140016898





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ABCMR Record of Proceedings (cont)                                         AR20140016898



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