IN THE CASE OF: BOARD DATE: 19 May 2010 DOCKET NUMBER: AR20090019384 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 correction to item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 August 1983. 2. The applicant states item 12a should show he entered AD on 28 December 1976 and not 14 August 1980, which only reflects 3 years of service. He enlisted on 28 December 1976 and had continuous service through 13 August 1983. 3. The applicant provides copies of his DD Forms 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) and his DD Form 214 for the period ending 13 August 1983. 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 military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 7 October 1976. He was discharged from the USAR DEP on 27 December 1976 and he enlisted in the Regular Army on 28 December 1976 for a period of 4 years in the rank/grade of private (PV1)/E-1. He was honorably discharged on 13 August 1980 for the purpose of immediate reenlistment. Records do not show a DD Form 214 was issued for this period of service. 3. He reenlisted in the Regular Army on 14 August 1980 for a period of 3 years in the rank/grade of sergeant (SGT)/E-5. He served continuously on active duty until he was honorably discharged on 13 August 1983 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration term of service. His DD Form 214 for the period ending 13 August 1983 shows in item 12c (Net Active Service This Period) he completed 3 years of net active service this period and item 12d (Total Prior Active Service) shows he completed 3 years, 7 months, and 17 days of total prior active service. 4. Item 18 (Remarks) of his DD Form 214 shows his immediate reenlistment this period as 28 December 1976 to 13 August 1980. 5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for: * item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued * item 12c, all service entered will be less time lost under Title 10, U.S. Code 972 [desertion; absence without leave; military or civilian confinement; or unable to perform duties for more than one day, as determined by competent authority] * item 12d, same as Item 12c. DISCUSSION AND CONCLUSIONS: 1. The evidence shows he enlisted in the USAR DEP on 7 October 1976 and he served through 27 December 1976. His first enlistment in the Regular Army was on 28 December 1976. He was discharged for the purpose of immediate reenlistment on 13 August 1980. In accordance with pertinent regulations a DD Form 214 was not prepared to cover his first enlistment. He immediately reenlisted in the Regular Army on 14 August 1980 for 3 years and he was honorably discharged on 13 August 1983. He was provided a DD Form 214 to cover his period of service from 14 August 1980 to 13 August 1983 for a period of 3 years. This DD Form 214 also credited him with his prior active service from 28 December 1976 to 13 August 1980 (first enlistment), a period of 3 years, 7 months, and 17 days. 2. He was properly issued a DD Form 214 covering his period of service from his last and only reenlistment on 14 August 1980 through his discharge date on 13 August 1983. This DD Form 214 also properly shows his first enlistment period of 3 years, 7 months, and 17 days. Therefore, item 12a of his DD Form 214 properly shows he entered AD this period on 14 August 1980. 3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 4. In view of the foregoing, there is no basis for granting the applicant's requested relief. 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) AR20090019384 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090019384 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1