IN THE CASE OF: BOARD DATE: 2 September 2010 DOCKET NUMBER: AR20100009003 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 of item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he entered active duty on 9 August 1976 instead of 4 September 1979. 2. The applicant states he enlisted in the U.S. Army Reserve (USAR) on 14 July 1976. He was discharged from the USAR on 8 August 1976 and immediately enlisted in the Regular Army (RA) on 9 August 1976. 3. The applicant provides the following documents: * DD Forms 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 14 July 1976 and 13 August 1982 * certificate of course completion, dated 5 April 1986 * certificate of training, dated 4 May 1986 * DD Form 214, dated 11 August 1986 * DD Form 4 (Enlistment/Reenlistment Document), dated 12 August 1986 * DD Form 215 (Correction to DD Form 214), dated 20 March 1987 * USAR discharge orders, dated 8 August 1989 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 records show he enlisted in the USAR under the Delayed Entry Program (DEP) on 14 July 1976. After spending 1 month and 5 days in the DEP, he was discharged from the USAR on 8 August 1976 for the purpose of enlisting in the RA. 3. He executed a 3-year enlistment in the RA on 9 August 1976 and subsequently completed basic combat and advanced individual training and was awarded military occupational specialty 31B (Field Communication Equipment Repairman). He also executed a 5-month extension of his enlistment contract on 19 April 1979. 4. He was honorably discharged from the RA on 3 September 1979 for the purpose of immediate reenlistment. He completed 3 years and 25 days of creditable active service. His records do not contain a DD Form 214 for this period of service. 5. He executed a 3-year reenlistment in the RA on 4 September 1979 followed by another 3-year reenlistment on 12 August 1982. He was honorably discharged on 11 August 1986 by reason of expiration of his term of service. The DD Form 214 he was issued shows the following entries: * item 12a - "79  09  04" * item 12b (Separation Date This Period) - "86  08  11" * item 12c (Net Active Service This Period) - "06  11  08" * item 12d (Total Prior Active Service) - "03  00  25" * item 12d (Prior Inactive Service) - "00  01  05" 6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate. Chapter 2 contains guidance on the preparation of the DD Form 214. Chapter 2 states that item 12 shows the record of service. Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information. A breakdown of entries in item 12 is as follows: item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; item 12b shows the Soldier's transition/separation date; item 12c and 12d show all service, less time lost under Title 10, U.S. Code, section 972, and time lost after expiration of term of service; and item 12c shows prior inactive service. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows he initially enlisted in the USAR DEP on 14 July 1976. He remained in the DEP for 1 month and 5 days and subsequently enlisted in the RA on 9 August 1976. He was honorably discharged on 3 September 1979 for immediate reenlistment. He completed 3 years and 25 days of creditable active military service during this period of initial enlistment. Since a DD Form 214 is not available for this period of service, he should be issued a Statement of Service to capture this period of active service. 2. He reenlisted on 4 September 1979 and served continuously through another reenlistment on 13 August 1982. He was discharged on 11 August 1986. He completed 6 years, 11 months, and 8 days of creditable active service during the period covered by his DD Form 214 as follows: * item 12a correctly reflects the entry "79  09  04" (the date he reenlisted) * item 12b correctly reflects the entry "86  08  11" (the date he was discharged) * item 12c correctly reflects the entry "06  11  08" (the total active service from the date he reenlisted to the date he was discharged) * item 12d reflects an entry of "03  00  25" which is his total prior active service * when combining his net active service in item 12c with his total prior active service in item 12d, it equates to 10 years and 3 days of total creditable active service * item 12e correctly reflects the entry "00  01  05" (total service in the DEP) 3. 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 applicant's DD Form 214 correctly reflects his record of service and contains no errors. Therefore, there is no basis for granting the applicant's requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X___ ___X____ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him a Statement of Service to capture his active service from 9 July 1976 through 3 September 1979. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his entry date on his DD Form 214 to show 9 August 1976 instead of 4 September 1979. ___________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) AR20100009003 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100009003 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1