IN THE CASE OF:	  

		BOARD DATE:	  9 June 2011

		DOCKET NUMBER:  AR20100022440 


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 (Report of Separation from Active Duty) for the period ending 18 November 1974 to show he entered active duty on 18 November 1972.

2.  He states that he is a federal worker applying for inclusion of his military service for government retirement.  Item 15 (Date Entered Active Duty This Period) of his DD Form 214 is blank for his initial entry in the service in 1972.  He states that the National Finance Center will not process his requests for crediting his military service without his DD Form 214 containing his date of entry.

3.  He provides a document from the U.S. Office of Personnel Management and two DD Forms 214.

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.  A DD Form 4 (Enlistment or Reenlistment Agreement – Armed Forces of the United States), dated 20 November 1972, shows the applicant enlisted in the Regular Army on this date.  On 18 November 1974, he was honorably discharged after completing 2 years of creditable active service.

3.  Item 15 of his DD Form 214 for the period ending 18 November 1974 entry is blank.

4.  Army Regulation 635-5 (Separation Documents) in effect at that 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 preparation of the DD Form 214.  In pertinent part, it stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  It stated for item 15 enter the year, month, and day the member entered active duty this period.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows the applicant entered active duty on 20 November 1972 and was honorably discharged on 18 November 1974.  Therefore, item 15 of his DD Form 214 for the period ending 18 November 1974 should be amended to add "72" [year], "11" [month], and "20" [day].

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 adding the entry "72" [year], "11" [month], and "20" [day] to item 15 of his DD Form 214 for the period ending 18 November 1974.



      _______ _  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)                                         AR20100022440





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100022440



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1