ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  12 June 2019

	DOCKET NUMBER:  AR20170004684


APPLICANT REQUESTS:  correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his enlisted service in item 22a(1) (Net Service This Period).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 66 (Officer Qualification Record)
* DD Form 214

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.  The applicant states his current DD Form 214 does not reflect his 13 months as an enlisted member from 20 September 1966 to 11 October 1967.  When he was commissioned as an officer, he was discharged from his enlisted status.  That is 13 months of prior service not reflected on his DD Form 214.

3.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 20 September 1966.  He was discharged to accept a commission as a Reserve Officer on 11 October 1967, a period of 1 year and 22 days.

	b.  He was appointed as a second lieutenant on 12 October 1967 and ordered to attend Officer Candidate School.

	c.  He served in Vietnam from 25 August 1968 to 20 March 1970.

	d.  He was honorably released from active duty on 6 September 1973.  His DD Form 214 shows in:

* item 17c (Date of Entry), 12 October 1967
* item 22a(1) (Net Service This Period), 5 years, 10 months, and 25 days
* item 22a(2) (Other Service), 1 year and 22 days
* item 22a(3) (Total), 6 years, 11 months, and 17 days

4.  By regulation the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Do not issue a DD Form 214 to replace record copies or 
DD Forms 214 lost by Soldiers.  It also states for:

* item 17c, enter date of entry on current tour of active duty as shown in item 6 of DA Form 66
* 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
* item 22a(3), self-explanatory

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that there was insufficient evidence of an error or injustice because the service requested was already captured in block 22a(2) of the applicant’s DD Form 214.

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.


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 (AR) 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribes policies and procedures for the completion of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  It states for:

* item 17c, enter date of entry on current tour of active duty as shown in item 6 of DA Form 66
* 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
* item 22a(3), self-explanatory

3.  AR 635-5 (Separation Documents), currently in effect states 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.  It also states do not issue a DD Form 214 to replace record copies or 
DD Forms 214 lost by Soldiers.  If no DD Form 214 is available, issue a statement of service or transcript of military record.

ABCMR Record of Proceedings (cont)	 AR20170004684


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