IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160002503 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 24 October 2017 DOCKET NUMBER: AR20160002503 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. Providing him with a copy of his DD Form 214 for the period 8 June 1967 - 29 April 1968; b. Amending his DD Form 214 with an effective date of 6 September 1973 by: (1) deleting from item 17c the entry "8 JUN 67" and replacing it with the entry "30 APR 68"; and (2) amending the following items to show: * Item 22a(1) - 1 10 7 * Item 22a(2) - 0 10 22 * Item 22a(3) - 2 8 29 * Item 22b - 2 8 29 ___________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: 24 October 2017 DOCKET NUMBER: AR20160002503 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, a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for his service from 8 June 1967 - 29 April 1968 and a DD Form 214 showing his reenlistment date, 30 April 1968, as the date of entry. 2. The applicant states, in effect, he should have one DD Form 214 for each period of service. 3. The applicant provides * DD Form 4 (Enlistment Record - Armed Forces of the United States) * a letter, dated 16 August 1968, from the Adjutant General * DD Form 214 with an effective date of 6 September 1973 * DD Form 214 (Correction to the DD Form 214), dated 26 January 1976 * page 3 of his DD Form 20 (Enlisted Qualification Record) 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. On 8 June 1967, the applicant enlisted in the Regular Army for 3 years. He completed basic combat and advanced individual training and was awarded military occupation specialty 43J (Textile Repairman). 3. On 29 April 1968, the applicant was discharged to immediately reenlist. He was issued a DD Form 214 for the period 8 June 1967 - 29 April 1968. He completed 10 months and 22 days of net active service that was characterized as honorable. 4. On 30 April 1968, the applicant immediately reenlisted for 3 years. Item 8 (Date Enlisted) of his DD Form 4 shows the date 8 June 1967. Item 41 (Oath of Enlistment) shows he reenlisted on 30 April 1968. 5. A letter, dated 16 August 1968, from the Adjutant General stated the entry in Item 8 of his DD Form 4 was incorrect. Item 8 was amended to show the date 30 April 1968. 6. On 8 August 1973, court-martial charges were preferred against the applicant for being absent without leave from on or about 11 February 1970 with intent to remain away until he was apprehended on or about 25 July 1973. On 9 August 1973, the applicant requested discharge for the good of the service and on 29 August 1973, the proper authority approved his request. 7. On 6 September 1973, he was discharged for the good of the service. His DD Form 214 contains the following entries: * Item 11d (Effective Date) - 6 September 1973 * Item 13a (Character of Service) - under conditions other than honorable * Item 17c (Date of Entry) - 8 June 1967 * Item 22a(1) (Net Service This Period) - 2 years, 9 months, and 15 days * Item 22a(2) (Other Service) - no service shown * Item 22a(3) (Total) - 2 years, 9 months, and 15 days * Item 22b (Total Active Service) - 2 years, 9 months, and 15 days * Item 30 (Remarks) - he had 117 days of time lost from 11 February 1970 - 7 June 1970 and 1143 days of time lost subsequent to normal expiration of enlistment from 8 June 1970 - 24 July 1973 8. On 26 March 1976, the applicant was awarded a clemency discharge pursuant to Presidential Proclamation 4313 of 16 September 1974. REFERENCES: 1. Department of Defense Financial Management Regulation (DODFMR) 7000.14-R, Volume 7A, Chapter 1, paragraph 010104 states that when computing a period of service each month is considered to have 30 days regardless of the actual number of days in the month. When subtracting the beginning day of service from the ending date of service 1 day is added to account for the inclusive date. 2. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. A DD Form 214 was issued to all personnel at the time of discharge. The regulation provided for the following entries: * Item 11d, enter the date of separation * Item 17c, enter the beginning date of the continuous period of active duty for which the DD Form 214 is being issued * Item 22a(1), enter the total service completed between the dates shown in Items 17c and 11d of the DD Form 214, less time lost * Item 22a(2), enter all prior service excluding any service shown in Item 22a(1) * Item 22a(3), enter the total of Item 22a(1) and Item 22a(2) * Item 22b, enter the total active service the member has completed beginning with the earliest period of active service up to and including current period of active duty, less any period served in the Army National Guard or U.S. Army Reserve not on active duty, and less time lost DISCUSSION: 1. The applicant's DD Form 214 with an effective date of 29 April 1968 is correct. The applicant should be provided a copy of this DD Form 214. 2. The entry in item 17c of the applicant's DD Form 214 with an effective date of 6 September 1973 is incorrect as confirmed by his DD Form 4, which shows he enlisted on 30 April 1968 and the letter from the Adjutant General correcting Item 8 of his DD Form 4 to read 30 April 1968. Item 17c of his DD Form 214 should be corrected to show he reenlisted on 30 April 1968. 3. Based on the correction to the applicant's date of entry, his net service during the period is computed by subtracting the corrected date in item 17c from the date in item 11d less time lost as follows: 1973 09 06 (effective date of separation) - 1968 04 30 (corrected date of entry) 5-04-06 + _______ _1 (inclusive date) 5-04-07 (total) - 3-06-00 (time lost) 1-10-07 (net service) 4. Item 22a(1) of his DD Form 214 should show the entry "1 10 7," which equates to 1 year, 10 months, 7 days. 5. He had 10 months and 22 days of prior service. His total service was 2 years, 8 months, and 29 days. His total active service was 2 years, 8 months, and 29 days. His DD Form 214 should show in: * item 22a(2) the entry "0 10 22" * item 22a(3) the entry "2 8 29" * item 22b the entry "2 8 29" //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002503 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002503 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2