IN THE CASE OF:	  

		BOARD DATE:	  9 March 2010

		DOCKET NUMBER:  AR20090016181


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1994 be changed to show his date entered active duty as 27 December 1972 vice 30 September 1974.

2.  The applicant states he joined the Army on 27 December 1972.

3.  The applicant provides no additional documents.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of 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's DD Form 4 (Enlistment Contract) shows he enlisted in the Regular Army for 2 years on 27 December 1972.

3.  The applicant's DD Form 214 shows he retired from the Regular Army on 31 March 1994 with more than 20 years of active Federal service.  Item 12 (Record of Service) of the applicant's DD Form 214 shows:

12a.  Date Entered AD This Period	74-09-30		(30 September 1974)
12b.  Separation Date This Period	94-03-31		(31 March 1994)
12c.  Net Service This Period			19-06-02		(19 yrs, 6 mo, 2 days)
12d.  Total Prior Active Service		01-09-03		(1 yr, 9 mo, 3 days)

4.  Item 18 (Remarks) of the applicant's DD Form 214 shows 5 reenlistments, the first of which occurred on 30 September 1974.

5.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  Before October 1979, the regulation required that a DD Form 214 be issued each time an enlisted Soldier was discharged for the purpose of immediate reenlistment.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants item 12a of his DD Form 214 changed to "74-12-27."

2.  The applicant's DD Form 214 is not in error.  If one subtracts 1 year, 9 months and 3 days (the amount of prior active service in item 12d) from item 12a of the DD Form 214, one gets 27 December 1972, the date the applicant initially enlisted for 2 years.

3.  Following the applicant's initial 2-year enlistment on 27 December 1972, he served 1 year, 9 months, and 3 days before reenlisting.  He was, therefore, discharged on 29 September 1974 and provided a DD Form 214 for that period of service.  Because the regulation changed in 1979, he was never given another DD Form 214 until he retired.  At retirement, his first term of service was reflected in item 12d of his 31 March 1994 DD Form 214.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _   _x______   ___
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090016181



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ABCMR Record of Proceedings (cont)                                         AR20090016181



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