IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012011 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x ____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012011 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. IN THE CASE OF: BOARD DATE: 14 July 2016 DOCKET NUMBER: AR20150012011 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), ending on 11 December 1972, to show his date of entry as 8 March 1966 instead of 9 March 1967. 2. The applicant states: * his enlistment started on 8 March 1966 and ended on 11 December 1972 which does not match the dates shown on his DD Form 214; he had reenlisted after completing 1 year of service * he is in the process of buying back his time as a federal employee; his federal agency would only use the date of entry on his DD Form 214 to calibrate time in service even though the total service includes the previous year 3. The applicant provides: * DD Form 214 covering the period 9 March 1967 to 11 December 1972 * DD Form 214 (Certificate of Release or Discharge from Active Duty), covering the period 17 June 1986 to 12 June 1989 * March 1967 Honorable Discharge Certificate 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's Army service records for both periods he served are not available for review with this case. However, the applicant provided sufficient documents in a reconstructed record for the Board to conduct a fair and impartial review of his case. 3. He provides an Honorable Discharge Certificate that shows he was honorably discharged from the Armed Forces of the United States, as a Regular Army (RA) E-4, on 8 March 1967. 4. He also provides a DD Form 214 that shows he entered active duty on 9 March 1967. Item 17 (Current Service Other Than By Induction) does not indicate he enlisted (first time), enlisted (prior service), or reenlisted. 5. He was honorably discharged on 11 December 1972. He completed 5 years, 9 months and 3 days of net active service during this period. His DD Form 214 also shows in: * item 17c (Date of Entry) - 9 March 1967 * item 11d (Effective Date) - 11 December 1972 * item 22a(1) (Net Service This Period) – 5 years, 9 months, and 3 days * item 22a(2) (Other Service) - 1 year * items 22a(3) (Total) - 6 years, 9 months, and 3 days * item 22b (Total Active Service) - 6 years, 9 months, and 3 days 6. He further provides a second DD Form 214 that shows he enlisted in the Delayed Entry Program (DEP) on 10 April 1986. He was discharged from the DEP on 16 June 1986 and enlisted in the RA on 17 June 1986. 7. He was honorably discharged from active duty on 12 June 1989. He completed 2 years, 11 months and 26 days of active service during this period. His DD Form 214 shows in: * item 12a (Date Entered Active Duty This Period) - 17 June 1986 * item 12b Separation date This Period) - 12 June 1989 * item 12c (Net Active Service This Period) - 2 years, 11 months, and 26 days * item 12d (Total Prior Active Service) - 6 years, 9 months, and 3 days * item 12e (Total Prior Inactive Service) - 2 months and 7 days REFERENCES: Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. a. The version of the regulation in effect during the period covered by the first DD Form 214 he provides, stated the date the Soldier entered on active duty would be entered in item 17c of the DD Form 214 and all other service is entered in item 22(a)(2). b. The version of the regulation in effect during his second period of service stated the total prior active service is entered in item 12d. c. Until the policy was changed in October 1979, DD Forms 214 were prepared upon discharge for immediate reenlistment. Consolidation of two or more DD Forms 214 is not allowed. d. If a DD Form 214 is missing or lost by the Soldier, do not issue another DD Form 214. Issue a statement of service. DISCUSSION: 1. The applicant's initial enlistment or induction document is not available for review with this case. Although he provides an Honorable Discharge Certificate that shows he was honorably discharged from the Armed Forces of the United States, as an RA E-4, on 8 March 1967, his DD Form 214 does not indicate he enlisted (first time), enlisted (prior service), or reenlisted. 2. The DD Form 214 for his first period of service credited him with 1 year of prior service. If he had a previous induction or enlistment from 8 March 1966 to 8 March 1967, he would have been issued a DD Form 214 for that period of service. If no DD Form 214 is available, he would be eligible, upon request, for the issuance of a statement of service, not a replacement DD Form 214. 3. 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. There is insufficient evidence to support changing the entry date on his first DD Form 214 from 9 March 1967 to 8 March 1966. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012011 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012011 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2