IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150002030
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 (Certificate of Release or Discharge from Active Duty) for the period ending 31 December 1989 to show his total active military service as 27 years.
2. The applicant states his total active military Federal service is inaccurate and does not reflect his 27 years of service.
3. The applicant provides:
* three DD Forms 214
* DD Form 214 Worksheet
* DD Form 215 (Correction to DD Form 214)
* DA Form 3686-1 (Leave and Earnings Statement)
* U.S. Army Transportation Center Orders 109-044, dated 7 June 1989
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 U.S. Army Reserve (USAR) on 15 December 1961.
3. Records show he was ordered to active duty for training during the periods:
* 10 March 1962 through 9 September 1962
* 30 June 1963 through 14 July 1963
* 30 May 1964 through 13 June 1964
4. On 20 July 1964, he was honorably discharged from the USAR and he immediately enlisted in the Regular Army on 21 July 1964.
5. On 7 June 1967, he was honorably released from active duty and transferred to the USAR. His DD Form 214 for this period shows in:
* item 22a(1) (Net Service This Period) 2 years, 10 months, 17 days
* item 22a(2) (Other Service) 2 years, 4 months, 11 days
* item 22a(3) (Total) 5 years, 2 months, 28 days
* item 22b (Total Active Service) 3 years, 4 months, 17 days
6. On 30 November 1969, he was honorably discharged from the USAR.
7. On 12 October 1970, he again enlisted in the Regular Army.
8. On 11 December 1981, he was issued a DD Form 215 correcting his DD Form 214 for the period ending 7 June 1967 to show his separation date as 30 November 1969.
9. His DA Form 2339 (Application for Voluntary Retirement), dated 30 May 1989, shows he acknowledged his service calculation from 15 December 1961 through 31 December 1989 as follows:
* total active service creditable for retirement 22 years, 8 months, 5 days
* total inactive service creditable for basic pay only 4 years, 6 months
* total service for basic pay purposes 27 years, 2 months, 5 days
10. On 31 December 1989, he retired. His DD Form 214 for this period shows in:
* item 12c (Net Active Service This Period) 10 years, 8 months, 5 days
* item 12d (Total Prior Active Service) 12 years
* item 12e (Total Prior Inactive Service) 4 years, 6 months
11. He provided copies of his DD Forms 214, DD Form 215, retirement orders, and a DA Form 3686-1 for the period 1 through 31 December 1989 that shows he was being paid for 27 years of military service.
12. Army Regulation 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Instructions stated to enter in:
a. item 12c the amount of service during this period, computed by subtracting item 12a from item 12b;
b. item 12d the total amount of prior active military service, less lost time, if any; and
c. item 12e the total amount of prior inactive service, less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant completed 22 years, 8 months, and 5 days of active military service and he was credited with 4 years and 6 months of inactive military service. Both his active and inactive military service credit is properly shown on his DD Form 214 for the period ending 31 December 1989.
2. His total active and inactive service computes to 27 years, 2 months, and 5 days. He is credited with 27 years, 2 months, and 5 days for pay purposes. His leave and earnings statements show he is being paid at the rate for 27 years (i.e., less than 28 years).
3. In view of the above, there is no basis for granting the 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 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.
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