IN THE CASE OF: BOARD DATE: 6 June 2018 DOCKET NUMBER: AR20160011299 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: 6 June 2018 DOCKET NUMBER: AR20160011299 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: 6 June 2018 DOCKET NUMBER: AR20160011299 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 to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date released from active duty as 13 May 1971. 2. The applicant states he reenlisted for an additional year of service which makes his date of release 13 May 1971 instead of 13 May 1970 which is currently shown on his DD Form 214. 3. The applicant provides his DD Form 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. Within the applicant's official military personnel file is his original DD Form 4 (Enlistment Contract – Armed Forces of the United States). His date of enlistment shown on this form was 8 October 1968 which was his first enlistment. Item 7 (Term of Enlistment/Induction) shows he enlisted for 3 years in the Regular Army. Item 57 (Oath of Enlistment) also shows he enlisted for 3 years in the U.S. Army. 3. By letter dated 9 October 1968, the applicant's commanding officer was informed the applicant's DD Form 4 should show a 2-year enlistment vice a 3- year enlistment based on regulatory guidance in effect at the time. The commissioned officer who signed the letter stated, "Ribbon copy was corrected prior to distribution, interested commands are being notified by a copy of this letter, and office copy of DD Form 4 has been corrected." 4. A review of the applicant's DD Form 4 shows corrections were made to item 7 showing he enlisted for 2 years vice 3 years. In item 57 corrections were also made to show a 2-year enlistment and he placed his initials next to the correction in item 57. 5. The applicant completed training and received military occupational specialty 51B (Carpenter). The applicant served in the Republic of Vietnam from 20 March 1969 to 10 May 1970. 6. Special Orders Number 133-Extract, dated 13 May 1970, released the applicant from active duty and transferred him to the U.S. Army Reserve. Accordingly, a DD Form 214 was prepared. It shows the following pertinent information: a. item 11c (Type of Transfer or Discharge – Reason and Authority) shows he was released from active duty as an overseas returnee [from the Republic of Vietnam]. b. item 11d (Effective Date [of Release from Active Duty]) shows 13 May 1970. c. item 17 (Current Active Service Other than by Induction) shows his status was enlisted and it was his first enlistment. d. item 17b (Term of Service) shows 3 years. e. item 17c (Date of Entry) shows the date 8 October 1968. f. item 22a (Statement of Service – Net Service this Period) shows 1 year, 7 months and 6 days of active service. 7. A thorough review of his official military personnel file failed to provide evidence he reenlisted. REFERENCES: 1. Army Regulation 635-5 (Separation Documents) in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. This regulation stated that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. a. For item 11d, enter the date separation is accomplished. b. For item 17, check the appropriate space to indicate the means of entry on current active service tour. Enter any voluntary extensions. Information concerning extensions will include period and date of voluntary extension(s). c. For item 17b, indicate the term of service in years [as per enlistment contract(s)]. d. For item 17c, in effect, use the Soldier's DD Form 4 and other entrance documents to determine date of entry onto active duty. e. For item 22a, calculate net service this period by subtracting the date of entry from the date of release from active duty, then add one day. 2. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that 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. DISCUSSION: 1. The applicant asserts he extended his initial enlistment for 1 year and based on that reenlistment his dates of service are incorrect on his DD Form 214. The ABCMR beings its consideration of each case based on presumption of administratively regularity. 2. The applicant enlisted in the Regular Army on 8 October 1968. His original DD Form 4 is in his file. Initially, he enlisted for 3 years. However, based on regulatory guidance at the time his company commander was informed in writing that the applicant's enlistment was changed to 2 years. The applicant initialed the changes made on his DD Form 4. With the corrected DD Form 4, his release from active duty date was established as 7 October 1970. 3. He served in the Republic of Vietnam and upon his return to the continental United States he was released from active duty on 13 May 1970. He was issued a DD Form 214 which did not account for the corrected DD Form 4 because it shows he enlisted for a 3-year term of service. Notwithstanding this clerical error, his record does not contain documents showing his initial enlistment was extended or that he reenlisted. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011299 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011299 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2