IN THE CASE OF: BOARD DATE: 5 May 2011 DOCKET NUMBER: AR20100026797 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 item 12a (Date of Entry) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 17 December 1986 be changed to show 1 February 1974. 2. The applicant states he joined the Army on 1 February 1974 and the date of entry on his DD Form 214 is incorrect. 3. The applicant provides his DD Form 214 with a separation date of 17 December 1986. 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. He enlisted in the Regular Army on 1 February 1974 for a period of 2 years. 3. On 25 January 1976, he was discharged to immediately reenlist. He completed 1 year, 11 months, and 25 days of active service that was characterized as honorable. He was issued a DD Form 214 for his period of service from 1 February 1974 to 25 January 1976. 4. On 26 January 1976, he immediately reenlisted for a period of 3 years. 5. On 26 October 1978, he was discharged to immediately reenlist. He completed 2 years, 9 months, and 1 day of active service. He was issued a DD Form 214 for his period of service from 26 January 1976 to 26 October 1978. 6. On 27 October 1978, he immediately reenlisted for a period of 3 years. 7. On 29 November 1981 he was discharged to immediately reenlist. He was not issued a DD Form 214 for the period 27 October 1978 to 29 November 1981. 8. On 30 November 1981, he immediately reenlisted for a period of 5 years. 9. On 17 December 1986, he was discharged. He was issued a DD Form 214 for the period from 27 October 1978 to 17 December 1986. Item 12a (Date Entered AD This Period) contains the entry 78 10 27 (1978 October 27). He completed 8 years, 1 month, and 21 days of active service that was characterized as honorable. 10. Army Regulation 635-5, effective 1 October 1979, stated that effective 1 October 1979 DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. This regulation states for: * item 12a, enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted * item 12d, from previously issued DD Forms 214, enter total amount of prior active military service, less time lost, if any DISCUSSION AND CONCLUSIONS: 1. He was issued a DD Form 214 for his periods of service from 1 February 1974 to 25 January 1976 and from 26 January 1976 to 26 October 1978. A copy of these DD Forms 214 will be provided to him. 2. In October 1979, the regulation for the issuance of DD Forms 214 was changed and DD Forms 214 were no longer issued when a Soldier was discharged and immediately reenlisted. Therefore, he was not issued a DD Form 214 when he was discharged for immediate reenlistment on 30 November 1981. 3. The entry in item 12a (27 October 1978) of his DD Form 214 for the period ending 17 December 1986 is the beginning date of the enlistment period for which a DD Form 214 had not been issued. Therefore, because the ending date of his last DD Form 214 was 26 October 1978, the date 27 October 1978 in item 12a of his DD Form 214 with a separation date of 17 December 1986 is correct. 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) AR20100026797 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100026797 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1