IN THE CASE OF: BOARD DATE: 20 April 2021 DOCKET NUMBER: AR20200000832 APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) covering the period 23 October 1970 to 25 April 1972 to show his entry date as 29 September 1969. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states his DD Form 214 (period ending 25 April 1972), item 17c (Date of Entry) is incorrect. The date shown is 23 October 1970. That is the date he received his commission from Officer Candidate School. He enlisted on 4 June 1969 with a 90 day delayed enlisted program. Counting all the days, months and 1 year from 4 June 1969 to 22 October 1970 adds up to 1 year, 4 months, and 17 days, which is recorded on Line 22 (Statement of Service): * Line 22 (1) (Net Service this Period)-is for his service as an officer and is correct at 1 year, 6 months, and 3 days * Line 22 (a) (Creditable for Basic Pay Purposes) (2) (Other Service) of his DD Form 214, this is his enlisted service, 1 year, 4 months, and 17 days 3. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 29 September 1969. He was delayed from entry on active duty until 29 September 1969. He completed training and was awarded military occupational specialty 12A (Pioneer). b. Following assignment to Fort Belvoir, VA, he was honorably discharged on 22 October 1970, to accept commission as an officer in the Army. He was issued a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) that credited him with 1 year, and 24 days of (enlisted) active service. c. He was commissioned as a reserve officer with concurrent entry on active duty on 23 October 1970. d. His DA Form 66 (Officer Qualification Record) shows in item 6 (Date of Current Tour) 23 October 1970. He served through a variety of assignments, including Vietnam from 1 October 1971 to 20 April 1972. e. He was honorably released from active duty on 25 April 1972. He was issued a DD Form 214 that credited him with 1 year, 6 months, and 3 days of active service and 1 year, 4 months, and 17 days of prior active service. The entry date shown on this DD Form 214 is 23 October 1970. The DD Form 214 for this period specifically shows: * Item 11d (Effective Date), 1972-04-25 * Item 17c (Date Entered Active Duty (AD) This Period), 1970-10-23 * Item 22(a)(1) (Net Service This Period), 01-06-03 * Item 22(a)(2) (Other Service), 01-04-17 * Item 22b (Total Active Service), 02-06-27 4. By regulation (AR 635-5), the DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty Chapter 2 contains guidance on the preparation of the DD Form 214. A separate DD Form 214 will be issued to enlisted members who became commissioned or warrant officers, and have their enlisted status terminated. * Item 11d, (Effective Date), enter date separation is accomplished * Item 17c (Date Entered Active Duty (AD) This Period) enter the date of entry on current tour of active duty as shows in item 6 (Date of Current Tour), DA Form 66 (Officer Qualification Record) * Item 22a(1), enter total service completed between the inclusive dates of the current tour of duty * Item 22a(2), enter all prior-service credited for basic pay purposes BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 2. The Board carefully considered the applicant’s statement, his record of enlisted and officer service, the two DD Forms 214 in his records and the date of his commissioning and entry on active duty. The Board considered the prior active service noted on his second DD Form 214. Based on a preponderance of evidence, the Board determined that the dates of service as records on his DD Forms 214 were not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XXX :XXX 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. 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. REFERENCES: 1. Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 635-5 (Personnel Separations-Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service. The DD Form 214 is a summary of a Soldier’s 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. a. A separate DD Form 214 is issued to enlisted members who became commissioned or warrant officers, and have their enlisted status terminated. Consolidation of two or more periods of service into one DD Form 214 was/is not authorized. b. Chapter 2 contains guidance on the preparation of the DD Form 214. It states for: * Item 11d, (Effective Date), enter date separation is accomplished * Item 17c (Date Entered Active Duty (AD) This Period) enter the date of entry on current tour of active duty as shows in item 6 (Date of Current Tour), DA Form 66 (Officer Qualification Record) * Item 22a(1), enter total service completed between the inclusive dates of the current tour of duty * Item 22a(2), enter all prior-service credited for basic pay purposes //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200000832 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1