ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


BOARD DATE: 24 August 2020 
DOCKET NUMBER: AR20190015682

APPLICANT REQUESTS: correction of his DD Form 214 (Armed Forces of the United 
States Report of Transfer or Discharge) to show his date of entry as August 1965.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

   *	DD Form 149 (Application for Correction of Military Record)
   *	DD Form 214 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, United 
States Code, section 1552(b); however, the ABCMR 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 the entry date on his DD Form 214 is actually his reenlistment 
date.

3.	The applicant enlisted in the Regular Army on 27 August 1965.

4.	The applicant reenlisted on 16 November 1967.

5.	The applicant's DD Form 214 shows he was honorably discharged on
12 November 1971, and he completed 3 years, 9 months, and 13 days of net service 
this period.

6.	His DD Form 214 also shows he completed 2 years, 2 months, and 19 days of other 
service. The applicant's record is void of a DD Form 214 for this service.

7.	Army Regulation 635-5 (Separation Documents), in effect at the time, provided a 
DD Form 214 would be prepared for all personnel at the time of their retirement, 
discharge, or release from the active Army.




BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is 
sufficient evidence to grant partial relief.

1.	The Board found sufficient evidence to correct the applicant’s records to account for 
the applicant’s active duty service during the period 25 August 1965 to 15 November 
1967 and issue him a DD Form 214 (Certificate of Release or Discharge from Active 
Duty), or a statement of service, or other document that HRC deems appropriate. The 
applicant’s records contain an enlistment document dated 25 August 1965 and a 
reenlistment document showing prior service from 25 August 1965 until 15 November 
1967.

2.	Contemporaneous regulations called for issuing separate discharge documents for 
each period of enlistment.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:
:
:
GRANT FULL RELIEF
:X
:X
:X
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for partial relief. As a result, the Board recommends that all 
Department of Army records of the individual concerned be corrected by issuing the 
applicant a DD Form 214, a statement of service, or other service document for the 
period 25 August 1965 to 15 November 1967.


 X	
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, United States 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 ABCMR to excuse an applicant's 
failure to timely file within the 3 year statute of limitations if the Army Board for 
Correction of Military Records (ABCMR) determines it would be in the interest of justice 
to do so.

2.	Army Regulation 635-5 (Separation Documents), in effect at the time, provided a 
DD Form 214 would be prepared for all personnel at the time of their retirement, 
discharge, or release from the active Army.





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