IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230004258 APPLICANT REQUESTS: correction of his dates of service. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Department of Veterans Affairs (VA) Letter of Indebtedness FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (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 his real dates of service for his initial enlistment are 3 August 1966 to 5 April 1969 with subsequent service from 1970 - 1971 and 1971 - 1990. The applicant cites a date of 26 July 1967 but does not identify where or on what document this date is entered. 3. The applicant provided pages of a VA document; however, the dates of service are not covered on the document. 4. A review of the applicant’s service record shows: * he initially enlisted in the Regular Army (RA) on 3 August 1966 for 3 years * completed training with award of the military occupation (MOS) 36K (Field Combat Crewman-Wireman) * he was honorably released for active duty and transferred to the US Army Reserve (USAR) on 5 April 1969 with the issuance of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) * he reenlisted in the RA on 1 June 1971 for 3 years * he converted to the MOS 91B (Medial Specialist) with his reenlistment in 1971 * he was honorably discharged on 31 May 1974 for immediate reenlistment with the issuance of a DD Form 214 (Report of Separation from Active Duty) * the available record does not contain the 1974 or subsequent reenlistment documents 5. A DA Form 2339 (Application for Voluntary Retirement) shows the applicant submitted a request for retirement on 16 January 1990. His service as recorded on this document lists his active and inactive service periods as: * Regular Army - 3 August 1966 to 4 April 1969 (2 years, 8 months, and 2 days) * USAR - 5 April 1969 to 31 May 1971 (2 years, 1 month, and 26 days) * RA - 1 June 1971 to 31 May 1974 (3 years) * USAR - 19 May 1976 to 23 May 1976 (5 days) * RA - 24 May 1976 to 30 September 1990 (14 years, 4 months, and 7 days) 6. A DA Form 2-1 (Personnel Qualification Record - Part ll) confirms the dates of service and shows the highest grade he held was sergeant first class (E-7). 7. On 30 September 1990 he was retired from active duty. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 14 years, 4 months, and 6 days of active service with 5 years, 8 months, and 3 days of prior active service, and 2 years, 1 month, and 26 days of prior inactive service. It also shows reenlistment periods of 25 May 1976 to 25 February 1980, 26 February 1980 to 29 November 1983, and 30 November 1983 to 30 September 1990. 8. In a tangentially related ABCMR decisional document (AR20080004609), the Board denied the applicant's request for an earlier date of his initial enlistment to show entry on 1 August vice 3 August 1966. The decisional document also reports the dates of service as noted above. 9. By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board found the applicant’s military service is properly documented in the available records. The Board found insufficient evidence of errors and determined there is no basis for changing any dates. 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, 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 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. 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 Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states 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. 3. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It states: a. 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. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. b. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. This practice was stopped effective 1 October 1979. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont.) AR20230004258 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1