IN THE CASE OF:  BOARD DATE:  28 March 2019 DOCKET NUMBER:  AR20170010805 


BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : 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:  28 March 2019 DOCKET NUMBER:  AR20170010805 


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. 

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IN THE CASE OF:  BOARD DATE:  28 March 2019 DOCKET NUMBER:  AR20170010805 


APPLICANT'S REQUEST AND STATEMENT: 

1.The applicant requests correction of his DD Form 214 (Armed Forces of theUnited States Report of Transfer or Discharge), for the period ending 19 March1969, to show he entered active duty on 9 June 1967 instead of 15 March 1968.

2.The applicant states his original entry date was 9 June 1967 and he reenlistedon 15 March 1968.

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 

1.Application for correction of military records with supporting document(s),including his DD Form 214 for the period ending 19 March 1969.

2.Evidence from the applicant’s service record and Department of the Army andDepartment of Defense records and systems:

•DD Form 4 (Enlistment Record – Armed Forces of the United States),dated 9 June 1967

•DD Form 214, for the period ending 14 March 1968, service copy #2

•DD Form 4, dated 15 March 1968

•DD Form 214, for the period ending 19 March 1969, service copy #2



REFERENCES: 

1.Title 10, U.S. Code, section 1552(b), provides that applications for correctionof military records must be filed within 3 years after discovery of the alleged erroror injustice.  This provision of law also allows the Army Board for Correction ofMilitary Records (ABCMR) to excuse an applicant's failure to timely file within the3-year statute of limitations if the ABCMR determines it would be in the interest ofjustice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time,established the standardized policy for preparing and distributing theDD Form 214.  This version directed that the purpose of the separation documentwas to provide the separating service member with documentary evidence of hisor her military service.  It noted a DD Form 214 would be issued to enlistedpersonnel at the time of change of status or extension of active duty. Section IIIcontained guidance on the preparation of the DD Form 214.  In instructed thepreparer that:

a.In Item 17c (Date of Entry), the preparer should enter the date theseparating Soldier entered on active duty or the date of enlistment or reenlistment as accomplished.  If the qualification record of an enlisted member of the Regular Army indicates that he or she was discharged from previous enlistment or enlistments and immediately reenlisted without being furnished a DD Form 214, the date to be entered in this item will be the earliest date not previously covered by a DD Form 214. 

b.For Item 22a(1) (Net Service This Period), the preparer should enter thetotal 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.For Item 22a(2) (Other Service), the preparer should enter all prior serviceexcluding any service shown in item 22a(1).  

d.For Item 22b (Total Active Service), the preparer should enter the totalactive 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 U.S. Army Reserve (USAR).  

3.Effective 1 October 1979, military personnel who were discharged for thepurpose of immediate reenlistment were no longer issued a separateDD Form 214.

DISCUSSION: 

1.While the applicant did not file within the time frame provided in the statute oflimitations, the ABCMR has elected to conduct a substantive review of this caseand, only to the extent relief, if any, is granted, has determined it is in the interestof 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.The applicant enlisted in the Regular Army on 9 June 1967.

3.The applicant was honorably discharged on 14 March 1968 for the purpose ofreenlistment.  The DD Form 214 he was issued shows he served 9 months and6 days of net service this period.

4.The applicant reenlisted in the Regular Army on 15 March 1968.

5.The applicant was honorably released from active duty on 19 March 1969.His DD Form 214 shows the following entries in:

a.Item 17a (Current Active Service Other Than by Induction – Source ofEntry), a check mark in the block "Reenlisted";  

b.Item 17c, the entry "15 Mar 68";

c.Item 22c(1), the entry "1  0  1" representing 1 year and 1 day;

d.Item 22c(2), the entry "0  9  6" representing 9 months and 6 days of priorservice; and 

e.Item 22b,  the entry "1  9  7" representing 1 year, 9 months, and 7 days.

6.In accordance with the Army regulation in effect at the time, a service memberwho was discharge for immediate reenlistment was issued a DD Form 214representing their initial enlistment.  The prepared was instructed to enter thedate entered on active duty of a reenlistment for a subsequently issuedDD Form 214.
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