IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140019806 


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 his correct period of active duty service.

2.  The applicant states that he entered active duty (AD) on 30 November 1967; however, his DD Form 214 shows he entered AD on 31 May 1971.  He offers as evidence that item 19 (Indochina or Korea Service Since August 5, 1964), as continued in item 27 (Remarks) of the DD Form 214, shows he served in Vietnam from 24 October 1968 through 23 October 1969 and also from 
31 December 1970 through 26 July 1972.

3.  The applicant provides a copy of the DD Form 214.

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.  A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the Regular Army (RA) on 30 November 1967 for a period of 4 years.

3.  A DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows the applicant entered AD this period on 30 November 1967 and he was honorably discharged on 22 August 1968 to reenlist in the RA.  It also shows in he had completed 8 months and 23 days of net active service this period.

4.  A DD Form 4 shows the applicant reenlisted in the RA on 23 August 1968 for a period of 4 years.

5.  Headquarters, 509th Radio Research Group, Special Orders Number 150, dated 30 May 1971, honorably discharged the applicant on 30 May 1971, in the rank of specialist five (SP5)/E-5, to reenlist in the RA.

6.  A DD Form 4 shows the applicant reenlisted in the RA on 31 May 1971 for a period of 6 years.

   a.  He extended his reenlistment obligation to a period of 7 years and
2 months.

   b.  He attained the rank of staff sergeant/E-6.

7.  His DA Form 2-1 (Personnel Qualification Record) shows in item 5 (Oversea Service) –

* Vietnam from –

* 24	October 1968 through 23 October 1969
* 31 December 1970 through 26 July 1972

* Thailand from 26 September 1972 through 30 November 1974

8.  His record of assignments shows he had continuous military service from 30 November 1967 through 28 July 1978.

9.  A review of the applicant's military personnel records failed to reveal a
DD Form 214 for the period 23 August 1968 through 30 May 1971.

10.  A DD Form 214 shows the applicant was honorably discharged from AD on 28 July 1978.  It also shows in –

* item 15 (Date Entered Active Duty This Period):  31 May 1971
* item 18 (Record of Service) –

* block a (Net Active Service This Period):  7 years, 1 month, 28 days
* block b (Prior Active Service):  3 years, 6 months, 1 day
* block c (Total Active Service):  10 years, 7 months, 29 days
* block d (Prior Inactive Service):  0 years, 0 months, 0 days
* block e (Total Service for Pay)  10 Years, 7 months, 29 days

11.  Army Regulation (AR) 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from AD service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  Therefore, it is important the information entered thereon is complete and accurate as of that date.  

12.  AR 635-5, in effect at the time the applicant was discharged from the Regular Army, shows in Table 2-1 (DD Form 214 Preparation Instructions) the item-by-item instructions for completing the DD Form 214.  The instructions show for –

* item 15, enter date in manner prescribed
* item 18, that all service shown in blocks 18a through 18e will be less time lost under Title 10, U.S. Code, section 972 
* item 19, for Vietnam service, place an "X" in the "Yes" block and give specific dates of service

13.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 28 July 1978 DD Form 214 should be corrected to show he entered AD on 30 November 1967.

2.  Records show the applicant was issued a DD Form 214 for the initial period of his AD service spanning the period 30 November 1967 through 22 August 1968.
3.  Records also show he reenlisted in the RA on 23 August 1968 and he was honorably discharged on 30 May 1971 to reenlist in the RA.  The policy in effect at the time required issuance of a DD Form 214 to document his record of service from 23 August 1968 through 30 May 1971, including his prior active service in the RA.

   a.  A copy of the 30 May 1971 DD Form 214 is not available in the applicant's military personnel records and the applicant only provided a copy of his final
DD Form 214 in support of his application.

   b.  There is a presumption of administrative regularity in the conduct of governmental affairs.  This presumption can be applied to any review unless there is substantial credible evidence to rebut the presumption.

   c.  Thus, it is concluded that the applicant was issued a DD Form 214 for the period of AD from 23 August 1968 through 30 May 1971, when he was discharged to reenlist in the RA on 31 May 1971.

4.  The applicant reenlisted in the RA on 31 May 1971 and he was honorably discharged on 28 July 1978.  Accordingly, he was issued a DD Form 214 to document his record of service as of 28 July 1978, including his net active service for this period, prior active service, total active service, prior inactive service, and total service for pay.

5.  Therefore, based on the evidence of record, there is no basis to correct item 15 of his DD Form 214 as it correctly shows the date he entered active duty this period.  In addition, item 18 (blocks a, b, c, d, and e) of the applicant's 28 July 1978 DD Form 214 shows his correct net active service this period, prior active service, total active service, total prior inactive service, and total service for pay.  

6.  However, based on the evidence of record, it would be appropriate to issue the applicant a document showing his honorable period of service in the RA from 23 August 1968 through 30 May 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 all Department of the Army records of the individual concerned be corrected by issuing an appropriate document that shows he entered active duty in the Regular Army on 23 August 1968 and he was honorably discharged on 30 May 1971 in order to immediately reenlist in the rank of specialist five.

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 the date entered active duty on his 28 July 1978 DD Form 214.  




      _______ _   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)                                         AR20140019806



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ABCMR Record of Proceedings (cont)                                         AR20140019806



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