IN THE CASE OF: BOARD DATE: 31 December 2013 DOCKET NUMBER: AR20130006695 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to consolidate his entire service from 1 July 1976 through 31 July 1996. 2. The applicant states: * he was in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) from 30 December 1975 through 30 June 1976 * his basic active service date (BASD) is 1 July 1976 * his DD Form 214 credits him with 2 years, 6 months, and 1 day of prior active service * he never had a break in service – he entered active duty on 1 July 1976 and retired on 31 July 1996 3. The applicant provides no additional evidence in support of his request. 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. On 30 December 1975, the applicant enlisted in the USAR DEP. 3. On 1 July 1976, he enlisted in the Regular Army. He entered active duty, completed his initial entry training, and was awarded military occupational specialty (MOS) 12B (Combat Engineer). 4. On 1 January 1979, he was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 6 months, and 1 day of total active service. 5. On 2 January 1979, he reenlisted in the Regular Army. He served through numerous periods of reenlistment and/or extension, through a variety of progressive assignments, and on 1 September 1982, he attained the rank/grade of staff sergeant (SSG)/E-6. 6. On 31 July 1996, he was honorably retired from the Army at the conclusion of 20 years and 1 month of service. The DD Form 214 he was issued shows the following entries: * Item 12a (Date Entered Active Duty (AD) This Period), "1979 01 02" * Item 12b (Separation Date This Period), "1996 07 31" * Item 12c (Net Active Service This Period), "17 06 29" * Item 12d (Total Prior Active Service), "02 06 01" 7. On 1 August 1996, he was placed on the Retired List in the rank/grade of SSG/E-6. 8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the separating service member with documentary evidence of his or her military service. Chapter 2 contains guidance on the preparation of the DD Form 214. It states, in pertinent part, that item 12 shows the record of service. a. Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued. (emphasis added) b. Item 12b shows the Soldier’s transition/separation date. c. Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b, less lost time. d. Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any. If not applicable, enter, "00 00 00." 9. Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant initially enlisted in the Regular Army on 1 July 1976. He was honorably discharged for the purpose of immediate reenlistment on 1 January 1979. He completed 2 years, 6 months, and 1 day of creditable active military service during this period of initial enlistment and he was issued a DD Form 214 to document this period of service. 2. He enlisted again on 2 January 1979, served continuously until he was retired on 31 July 1996, and was placed on the Retired List on 1 August 1996. He completed 17 years, 6 months, and 29 days of creditable active service during the period covered by his final DD Form 214. * item 12a of his DD Form 214, for the period ending 31 July 1996, correctly reflects the entry "1979 01 02" (the date he reenlisted) * item 12b correctly reflects the entry "1996 07 31" (the date he was released from active duty) * item 12c correctly shows the entry "17 06 29" (the total active service from the date he reenlisted to the date he was released from active duty for retirement) * item 12d correctly reflects an entry of "02 06 01," which is the applicant's total prior active service – when combined with his net active service in item 12c, it equates to 20 years and 1 day of total active service. 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. Consolidation of two or more periods of service for which a DD Form 214 was previously issued into one DD Form 214 is not authorized. The applicant’s retirement DD Form 214 correctly reflects his record of service and contains no errors. 4. In view of the foregoing, there is no basis for granting the 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) AR20100000736 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006695 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1