IN THE CASE OF: BOARD DATE: 18 February 2016 DOCKET NUMBER: AR20150006528 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) to reflect his service in military occupational specialty (MOS) 11B (Infantryman) for over 30 years. 2. The applicant states: * his DD Form 214 shows he served as an infantryman for 28 years and 9 months * he served for over 30 years as an infantryman and is concerned that the official Army service records do not accurately reflect this fact * he would like his public obituary notice to reflect his factual service information 3. The applicant provides: * DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 19 June 1959 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) covering the period 1 June 1959 through 18 June 1959 * DD Form 214 covering the period 19 June 1959 through 18 June 1965 * DD Form 214 covering the period 19 June 1965 through 27 May 1971 * DD Form 214 covering the period 28 May 1971 through 6 March 1974 * DD Form 214 covering the period 7 March 1974 through 31 May 1988 * DA Form 2339 (Application for Voluntary Retirement), dated 7 October 1986 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 was inducted into the Army of the United States on 24 September 1954. 3. His records contain a DD Form 214 showing he was honorably released from active duty on 17 September 1956 and transferred to the U.S. Army Reserve. He was credited with 1 year, 11 months, and 24 days of active service. Item 25a (Specialty Number and Title) reflects "111.10, Light Weapons Infantryman." 4. The applicant provided a DD Form 214 which reflects he was called from U.S. Army Reserve status to extended active duty and served on active duty from 1 June 1959 through 18 June 1959. He was credited with 18 days of active service during that period. His MOS is shown as 111.10 (light weapons infantryman). 5. On 19 June 1959, he enlisted in the Regular Army. He was honorably discharged for the purpose of immediate reenlistment on 18 June 1965. His DD Form 214 shows he completed 6 years of active service during this period. His MOS is shown as 111.10. 6. He reenlisted on 19 June 1965 and continued to serve on active duty through 27 May 1971 when he was again discharged for the purpose of immediate reenlistment. His DD Form 214 shows he completed 5 years, 11 months, and 9 days of active service during that period. His MOS is shown as 11B. 7. He reenlisted on 28 May 1971. He was discharged for the purpose of immediate reenlistment on 6 March 1974. His DD Form 214 covering this period shows he completed 2 years, 9 months, and 9 days of active service. His primary MOS is shown as 11G (Infantry Senior Sergeant) and his secondary MOS is shown as 11F (Infantry Operations and Intelligence Specialist). 8. The applicant provided a DD Form 2339, dated 7 October 1986, which credits him with 30 years and 9 days of active Federal service and shows a desired retirement date of 1 June 1987. 9. His records contain a DD Form 2339, dated 5 February 1988, which credits him with 30 years, 10 months, and 9 days of active Federal service. It shows a desired retirement date of 1 April 1988. He is credited with 33 years, 6 months, and 7 days of total service for basic pay purposes. A DA Form 3713 (Data for Retired Pay), dated 5 February 1988, likewise credits him with 30 years, 10 months, and 9 days of active Federal service and 33 years, 6 months, and 7 days of total service for basic pay purposes. His projected date for placement on the Retired List is shown as 1 April 1988. 10. His final DD Form 214 reflects his service covering the period 7 March 1974 through 31 March 1988 when he retired for length of service. He was credited with 14 years and 24 days of active service during that period. Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) shows "11B5O, Infantryman, 28 yrs, 09 mos//NOTHING FOLLOWS." 11. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214. It stated the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Table 2-1 (DD Form 214 Preparation Instructions) stated the MOS codes, titles, years, and months for warrant officers and enlisted personnel would be listed in item 11. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to reflect his service in MOS 11B for over 30 years was carefully considered. 2. His final DD Form 214 reflects his total service in MOS 11B as 28 years and 9 months. 3. His records show he actually accrued 30 years, 10 months, and 9 days of active Federal service at the time of his retirement, all of which was served in MOS 11B. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the current entry in item 11 of the DD Form 214 covering the period 7 March 1974 through 31 March 1988 to read: "11B5O, INFANTRYMAN, 30 YEARS, 10 MONTHS, 9 DAYS//NOTHING FOLLOWS." _____________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) AR20150006528 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006528 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1