RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 March 2007
	DOCKET NUMBER:  AR20060010939 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. William F. Crain

Chairperson

Mr. Edward E. Montgomery

Member

Ms. Rea M. Nuppenau

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 that he entered military service in 1979.

2.  The applicant states, in effect, that the period of service shown on his discharge document does not accurately reflect the entire period of his active duty service.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 3 December 1982.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on
3 December 1982, the date of his discharge.  The application submitted in this case is dated 27 July 2006.

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 military service records contain a DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States), dated
30 May 1979.  Section B (Agreements) of this document shows that the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 30 May 1979.  Section E (Confirmation of Enlistment or Reenlistment), Item 17 (For Enlistment in a Regular Component from a Delayed Entry/Enlistment Program), of the DD Form 4 shows that the applicant requested discharge from the Delayed Entry/Enlistment Program (DEP) and enlisted to enter active duty in the Regular Army (RA) for a period of 3 years, effective 4 June 1979.

4.  The applicant's military service records contain a DD Form 4, dated
21 December 1981.  Section B (Agreements) of this document shows that the applicant reenlisted in the RA on 21 December 1981 for a period of 4 years.  This section also shows, in pertinent part, that this was the applicant's first reenlistment.  Item 9 (Previous Military Service Upon Enlistment/Reenlistment) of the DD Form 4 shows that the applicant had completed 2 years, 6 months, and
17 days total active military service.

5.  The applicant’s military service records are absent a DD Form 214 covering the period of active duty service from 4 June 1979 through 20 December 1981.

6.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  This document shows in Item 6 (Military Occupational Specialties (MOS)) that he was awarded MOS 11B1O (Infantryman) on
29 August 1979.  Item 5 (Oversea Service) of this form shows that the applicant served in Germany from 13 September 1979 through 29 May 1982.  Item 21 (Time Lost) is absent any entry.

7.  The applicant's military service records contain a copy of Headquarters,
101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, Kentucky, Orders 311-13, dated 30 November 1982, which show, in pertinent part, that the applicant was reassigned to the U.S. Army Separation Transfer Point, Fort Campbell, Kentucky, for separation processing and discharge on
3 December 1982.

8.  The applicant's military service records contain a DD Form 214, with an effective date of 3 December 1982, that shows that the applicant was honorably discharged from the RA on 3 December 1982.  Item 12 (Record of Service - Years, Months, Days) of the DD Form 214 contains the following entries:  Block a (Date Entered AD (Active Duty) This Period)  "81 12 21"; Block b (Separation Date This Period)  "82 12 03"; Block c (Net Active Service This Period)
"00 11 13"; Block d (Total Prior Active Service) "02 06 21"; Block e (Total Prior Inactive Service)  "00 00 04"; and Block f (Foreign Service)  "00 05 09".  Item
18 (Remarks) of the DD Form 214 contains, in pertinent part, the entry "Immediate Reenlistment this period:  790530-811220."

9.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's discharge, 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.  Chapter 2 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 Qualification Record, or any other document authorized for filing in the Official Military Personnel File (OMPF).

10.  Army Regulation 635-5, paragraph 1-4 (DD Form 214, Certificate of Release or Discharge from Active Duty), subparagraph b(5), states that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA.

11.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation contains item-by-item instructions for completing the
DD Form 214.  The instructions for completing Item 12 (Record of Service) are as follows:  Block a (Date Entered AD This Period) - enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5); Block b (Separation Date This Period) self-explanatory; Block c (Net Active Service This Period), Block d (Total Prior Active Service), and Block e (Total Prior Inactive Service) - all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service; and Block f (Foreign Service) - enter the total amount of foreign service completed during the period covered in Item 12c.  The instructions for Item
18 (Remarks) of the DD Form 214 are, in pertinent part, to enter a list of enlistment periods for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5).  For example:  Immediate reenlistments this period:  761210-791001; 791002-821001.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should be corrected to accurately reflect the entire period of his active duty service.

2.  The evidence of record shows that the applicant enlisted in the USAR in the DEP and is credited with completing 4 days of inactive service prior to entering active duty in the RA.  Therefore, Item 12, Block e (Total Prior Inactive Service) of the DD Form 214 accurately reflects the applicant's total prior inactive service.

3.  The evidence of record shows that the applicant entered the RA on 4 June 1979 and served continuously on active duty until 20 December 1981, when he was discharged for the purpose of immediate reenlistment in the RA on
21 December 1981.  The evidence of record also shows that the applicant was not issued a DD Form 214 on the occasion of this discharge for immediate reenlistment.  The evidence of record further shows that the applicant continued to serve in the RA on active duty until he was discharged on 3 December 1982.  This period of continuous active duty service (i.e., from 4 June 1979 through
3 December 1982) equates to 3 years, 6 months, and 0 days net active service.  Therefore, the applicant is entitled to correction of his DD Form 214 to show that the date he entered active duty was 4 June 1979 and that he completed 3 years, 6 months, and 0 days net active service during this period.  As a result of the foregoing correction, Block d (Total Prior Active Service) requires correction to delete the 2 years, 6 months, and 21 days of total prior active service the applicant was incorrectly credited with serving.  In addition, Item 18 (Remarks) of the DD Form 214 requires correction to show that the applicant's initial enlistment that he served on active duty during this period was from 4 June 1979 to
20 December 1981.

4.  The evidence of record shows that the applicant served overseas in Germany from 13 September 1979 through 29 May 1982 during the period under review. This period of foreign service equates to 2 years, 8 months, and 17 days. Therefore, the applicant is entitled to correction of Item 12, Block f (Foreign Service) to show the total amount of service was 2 years, 8 months, and 17 days.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 3 December 1982; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
2 December 1985.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___WFC_  ___EEM_  ___RMN_  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 Active Duty This Period
			 Delete:  "81  12  21"
			 Add:	   "79  06  04"
	b.  Item 12c.  Net Active Service This Period
			 Delete:  "00  11  13"
			 Add:	   "03  06  00"

	c.  Item 12d.  Total Prior Active Service
			 Delete:  "02  06  21"
			 Add:	   "00  00 00"

	d.  Item 12f.	Foreign Service
			 Delete:  "00  05  09"
			 Add:	   "02  08  17"

	e.  Item 18.	Remarks
		   Delete:  "Immediate Reenlistment this period:  790530-811220."
		   Add:	      "Initial enlistment during this period:  790604-811220."




_____William F. Crain______
          CHAIRPERSON




INDEX

CASE ID
AR20060010939
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/03/08
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19821203
DISCHARGE AUTHORITY
AR 635-200, Paragraph 5-13
DISCHARGE REASON
Personality Disorder
BOARD DECISION
GRANT PLUS
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.