RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 October 2005
	DOCKET NUMBER:  AR20050001456 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Mr. Carl W. S. Chun

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Patrick H. McGann, Jr.

Member

Ms. Carol A. Kornhoff

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his discharge document to show the initial date that he entered on active duty.

2.  The applicant states, in effect, that Section 12 (Record of Service), Item 12a (Date Entered AD This Period) should be changed to "1976 01 26" and that Item 12d (Total Prior Active Service) should be changed to "0000 00 00".

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 31 January 1998, and his Honorable Discharge Certificate, with an effective date of 25 October 1979.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 31 January 1998, the date of his separation from active duty for the purpose of retirement.  The application submitted in this case is dated 14 December 2004.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's service records contain his DD Form 4 Series (Enlistment/ Reenlistment Documents - Armed Forces of the United States) which he executed throughout the course of his military service.  These documents show that the applicant initially enlisted in the U.S. Army on 26 January 1976 for a period of four years.  On 26 October 1979 he immediately reenlisted in the U.S. Army and continued to serve on active duty, without a break in active service, through 31 January 1998.  The applicant was placed on the U.S. Army Retired List, effective 1 February 1998, with a total of 22 years and 5 days total active service.





4.  A review of the applicant's DD Form 214 shows the following entries:  Item 12a (Date Entered AD This Period):  "1979 10 26"; Item 12b (Separation Date This Period): "1998 01 31"; Item 12c (Net Active Service This Period):  "0018 03 05"; Item 12d (Total Prior Active Service):  "0003 09 00"; and Item 12f (Foreign Service):  "0002 11 26".  Item 18 (Remarks), in pertinent part, contains the entry: "Immediate Reenlistments This Period -- 19791026 - 19820801, 19820802 - 19860618, 19860619 - 19890518, 19890519 - 19941026".

5.  The applicant provides documentary evidence in support of his application, including his DD Form 214 and Honorable Discharge Certificate.  These two documents show that the applicant was discharged on 25 October 1979 for the purpose of his immediate reenlistment on 26 October 1979.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.

7.  Army Regulation 635-5, effective 1 October 1979 (and in effect at the time of the applicant's first immediate reenlistment on active duty), ended the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment.

8.  Chapter 2 of Army Regulation 635-5, in effect at the time of the applicant's retirement from active duty contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record (PQR), Enlisted/Officer Record Brief (ERB/ORB), or any other document authorized for filing in the OMPF.  This Army regulation also provides specific guidance on the entries for each block of the DD Form 214.  Guidance for completing the Record of Service is as follows:  Item 12a (Date Entered Active Duty (AD) This Period):  Enter the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not previously issued (i.e., for purposes of immediate reenlistment); Item 12b (Separation Date This Period):  Enter the separation date this period; Item 12c (Net Active Service This Period):  Enter the amount of service this period, computed by subtracting Item 12a from 12b; Item 12d (Total Prior Active Service):  From previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any.  If not applicable, enter "00 00 00"; Item 12e (Total Prior Inactive Service):  Enter the total amount of prior inactive service; and Item 12f (Foreign Service):  Enter the total amount of foreign service completed during the period covered in block 12c.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that Section 12 (Record of Service) of his
DD Form 214, should be corrected because it does not show his 22 years of continuous active duty service.  The applicant provided documents which support the military service dates and his continuous period of active service documented in his military personnel service records.

2.  Evidence of records confirms that the applicant was not issued a DD Form 214 for his initial period of active duty service, from 26 January 1976 through
25 October 1979.

3.  Evidence of records shows that the applicant's DD Form 214, with an effective date of 31 January 1998, was not prepared in accordance with the governing Army regulatory guidance to show the applicant's beginning date of the continuous period of active duty.  Specifically, Item 12a of the DD Form 214 does not show the beginning period as 26 January 1976, the beginning date of the applicant's continuous period of active duty for which a DD Form 214 was not issued.  Consequently, this error also caused Items 12c, 12d, and 12f to be in error.

4.  Evidence of records confirms that the applicant began his continuous period of active duty on 26 January 1976, was not issued a DD Form 214 upon his immediate reenlistment on 26 October 1979, and continued to serve on active duty without a break in active service, through 31 January 1998.  This service equates to 22 years and 5 days total net active service this period and also encompasses 3 years, 11 months, and 24 days of foreign service during this same period.  Therefore, the applicant's DD Form 214 should be corrected to show in Item 12a (Date Entered AD This Period):  "1976 01 26"; Item 12c (Net Active Service This Period):  "0022 00 05"; Item 12d (Total Prior Active Service):
"0000 00 00"; and Item 12f (Foreign Service):  "0003 11 24".

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 January 1998; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
30 January 2001.  Although the applicant did not file within the 3-year statute of limitations, it would be in the best interest of justice to excuse failure to timely file in this case.





BOARD VOTE:

__TSK __  ___PHM_  __CAK__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the following corrections to the applicant's DD Form 214:

	a.  Item 12a.  Date Entered AD This Period
				Delete:  "1979  10  26"
				Add:	   "1976  01  26"

	b.  Item 12c.  Net Active Service This Period
				Delete:  "0018  03  05"
				Add:	   "0022  00  05"

	c.  Item 12d.  Total Prior Active Service
				Delete:  "0003  09  00"
				Add:	   "0000  00  00"

	d.  Item 12f.	Foreign Service
				Delete:  "0002  11 26"
				Add:	   "0003  11 24"




____TED S. KANAMINE______
          CHAIRPERSON




INDEX

CASE ID
AR20050001456
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20051013
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19980131
DISCHARGE AUTHORITY
AR 635-200, Chapter 12
DISCHARGE REASON
Sufficient Service for Retirement
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.