ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  1 April 2019

	DOCKET NUMBER:  AR20160015751


APPLICANT REQUESTS:  correction of item 15 (Date Entered Active Duty This Period) of his DD Form 214 (Report of Separation from Active Duty), for the period ending 
26 November 1976 to show he entered active duty on 14 August 1969 instead of 
29 April 1970.  He additionally requests a change to his records to indicate he is a male instead of a female.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214, for the period ending 26 November 1976
* PHS-731 (International Certificates of Vaccination)
* FB Form 1547-R (Certificate of Accelerated Advancement to Private/E-2), dated 17 October 1969
* DA Form 481 (Military Leave Record) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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.  DD Form 47 (Record of Induction) shows the applicant was inducted into the Army of the United States on 13 August 1969.  

3.  Item 7 (Sex) of his Standard Form 88 (Report of Medical Examination), dated 9 May 1969 shows his gender as "Male." 

4.  The applicant was honorably discharged on 28 April 1970 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he served 8 months and 16 days of net service this period. 

5.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, stated a service member who was discharged for immediate reenlistment was issued a 
DD Form 214 representing their initial enlistment. 

6.  DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant executed a Regular Army immediate reenlistment contract on 29 April 1970 for a period of six years. 

7.  The applicant was honorably discharged on 26 November 1976 by reason of completion of required active service.  The DD Form 214 he was issued shows in: 

     a.  item 15, the entry "70 04 29;"

     b.  item 18a (Net Active Service This Period), the entry "6 6 28" representing 6 years, 6 months, and 28 days; 

     c.  item 18b (Prior Active Service), the entry "0 8 16" representing 8 months and 
16 days; and 

     d.  item 18c (Total Active Service), the entry "7 3 14" representing 7 years, 3 months, and 14 days.  

8.  A review of the applicant's available military record shows no recorded evidence on any applicable documents requiring the entry of gender listing his gender as female. 

9.  The applicant provides four military documents showing he was on active duty prior to 29 April 1970.     

10.  Army Regulation 635-5 (Separation Documents), dated 20 August 1973, states to enter the beginning date of the enlistment period or tour of active duty for which a 
DD Form 214 was not issued in item 15.  

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is insufficient evidence to grant relief.  The applicant’s contentions were carefully considered.  The applicant’s record shows he received two DD Forms 214.  DD Form 214 for the period ending 28 April 1970 shows the date he was initially inducted into the Army of the United States; it appears he did not have a copy of this DD Form 214.  Official documents within his record shows him as a male.  There is no record correction needed for his gender, and this ROP will serve as additional information within his record showing his gender as male.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, established the standardized policy for preparing and distributing the DD Form 214.  This version directed that the purpose of the separation document was to provide the separating service member with documentary evidence of his or her military service.  It noted a DD Form 214 would be issued to enlisted personnel at the time of change of status or extension of active duty. Section III contained guidance on the preparation of the DD Form 214.

     a.  Item 10c (Date Inducted) enter the date entered on active duty as a result of individuals who were inducted as opposed to enlisted. 

     b.  Item 22a(1) (Net Service This Period) enter the total service completed between the dates shown in date inducted or date of entry and date of separation of the DD Form 214, as represented by continual and foreign service less time lost. 

     c.  Item 22b (Total Active Service), enter the total active service the individual has completed beginning with the earliest period of active service up to and including current period of active duty less time lost and service in the Army National Guard or United States Army Reserve (USAR). 

3.  Army Regulation 635-5 (Separation Documents), dated 20 August 1973, established the standardized policy for preparing and distributing the DD Form 214.  For item 15 enter the beginning date of the enlistment period or tour of active duty for which a 
DD Form 214 was not issued.

4.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160015751
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