IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150001704
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), dated 7 June 1960, to show
9 years, 11 months, and 23 days of active service and his home of record (HOR) as Liberty, Adams County, IL.
2. The applicant states, in effect:
a. his DD Form 214, dated 7 June 1960, shows he served on active duty for 3 years, 11 months, and 23 days during the period 15 June 1956 to June 1960.
b. he reenlisted for 6 years and including a tour in Iran, served until he was discharged in June 1966, but this DD Form 214, dated 7 June 1960, does not show that he served for a total of 10 years less a few days.
c. Item 23 (Home of Record) on his DD Form 214, dated 7 June 1960, lists his HOR as Liberty, Adams County, TX, which is incorrect. It should be listed as Liberty, Adams County, IL.
3. The applicant provides his DD Form 214, dated 7 June 1960.
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 15 June 1956. Item 3 (HOR) of his DD Form 47 (Record of Induction) shows his HOR address as Liberty Adams, IL.
3. He was discharged honorably on 7 June 1960. The DD Form 214 he was issued shows in:
* Item 23 (HOR) the entry Liberty Adams, TX
* item 24(1) (Net Service this Period) he served for 3 years, 11 months, and 23 days
4. On 8 June 1960, he reenlisted in the RA and served until he was honorably discharged on 10 June 1966. The DD Form 214 he was issued for this period of service shows in:
* Item 23 the entry Liberty (Adams) TX
* item 24a(1) (Net Service this Period) he served for 6 years and 3 days
* item 24a(2) (Other Service) he previously served for 3 years, 11 months, and 23 days
* item 24a(3) (Total) he served for a total of 9 years, 11 months, and 26 days
5. Army Regulation 635-5 (Separation Documents) at the time provided detailed instructions for completing separation documents, including the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It provides guidance for the place of entry and HOR at the time of entry on active duty and states the source document for this information is the appointment document or the order to active duty that records the HOR. This cannot be changed unless there is a break in service of at least 1 full day.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows his HOR was listed as Liberty (Adams) IL throughout his military service. He stated in his DD Form 47 that he had lived in Liberty (Adams) IL. However his DD Form 214, dated 7 June 1960, incorrectly shows his HOR as Liberty, (Adams), TX. Therefore, he is entitled to have his
DD Form 214, dated 7 June 1960, corrected to show his HOR as Liberty (Adams) IL.
2. Evidence of record shows that during the applicant's first enlistment he served for a period of 3, years, 11 months, and 23 days. He was issued a DD Form 214 which shows this period of service. He is not entitled to have any additional periods of service added to this DD Form 214.
3. Evidence of record also shows he reenlisted and served for an additional
6 years and 3 days. He was issued a DD Form 214 which this period of service in addition to the initial 3 years, 11 months, and 23 days he served. Therefore, both DD Forms 214s are correctly annotated and require no correction of the period of service.
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 from item 23 of his DD Form 214, dated 7 June 1960, the current entry and replacing it with the HOR as shown on his DD Form 47.
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 correcting his DD Form 214, dated 7 June 1960, to show that he served for 9 years, 11 months, and 26 days.
_______ _ 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) AR20150001704
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ABCMR Record of Proceedings (cont) AR20150001704
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