IN THE CASE OF:	  

		BOARD DATE:	       21 August 2008

		DOCKET NUMBER:  AR20080010642


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, in effect, that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show service from 27 April 1965 [sic], not 5 May 1966 [sic].

2.  The applicant states he entered active duty on 27 April 1965 [sic], but that date is not reflected on his DD Form 214.

3.  The applicant provides no additional documentation with his request.

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.  With no prior service, the applicant enlisted in the Regular Army for 3 years on 28 April 1965.  He was honorably separated on 5 May 1966 for the purpose of immediate reenlistment.  He received a DD Form 214 for the period 28 April 1965 through 5 May 1966 showing service of 1 year and 7 days [sic]. 

3.  The applicant reenlisted on 6 May 1966 and served until being separated with a General Discharge on 5 May 1972.  His DD Form 214 shows he served 6 years on his second period of service and that he had prior service of 1 year and 8 days [incorrectly calculated on his first DD Form 214].

4.  Army Regulation (AR) 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The version of AR 635-5, then in effect, provided that the DD Form 214 would be prepared every time a Regular Army Soldier separated.

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants his DD Form 214 to reflect all serve performed.

2.  The applicant has two DD Forms 214 because he separated after his first enlistment in order to reenlist.  His first period of service was 1 year and 8 days long; this is properly reflected on his second DD Form 214 in Block 22a(2) –Statement of Service, Creditable Service for Basic pay Purposes, Other Service.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080010642



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ABCMR Record of Proceedings (cont)                                         AR20080010642



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