RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 October 2007
	DOCKET NUMBER:  AR20070008160 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Carmen Duncan

Chairperson

Mr. Chester A. Damian

Member

Mr. Ronald D. Gant

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 correction of Item 12a (Date Entered on Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show 24 February 1977 instead of 17 October 1980. 

2.  The applicant states that his DD Form 214 does not reflect his entire military service.  He initially enlisted in the Army on 24 February 1977 and then reenlisted on 17 October 1980. 

3.  The applicant provided a copy of his DD Form 214, dated 9 July 1982 and a copy of his DA Form 2-1 (Personnel Qualification Record) in support of his application.

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 that he enlisted in the Delayed Entry Program on 24 February 1977 and enlisted in the Regular Army for a period of 3 years on 1 November 1977 in the grade of private/pay grade E-1.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63B (Power Generator and Wheeled Vehicle Mechanic).

3.  On 17 October 1980, the applicant reenlisted in the Regular Army for a period of 4 years in the grade of specialist four/pay grade E-4.  There is no record that the applicant was issued a DD Form 214 for the purpose of immediate reenlistment to document his active military service during the period 1 November 1977 through16 October 1980. 

4.  On 18 June 1982, the applicant’s immediate commander initiated separation action against the applicant for unsuitability in accordance with paragraph 13-4 of Army Regulation 635-200 (Personnel Separations).

5.  On 6 July 1982, the separation authority approved the applicant’s separation under the provisions of paragraph 13-4 of Army Regulation 635-200 and ordered the applicant be furnished a General Discharge Certificate.  The DD Form 214 he was issued confirms that he was discharged under honorable conditions on 9 July 1982 for unsuitability.  This form further shows he completed 1 year, 8 months, and 23 days of creditable active military service.

6.  Item 12a (Date Entered AD This Period) of the applicant’s DD Form 214 shows the entry “80 10 17” (17 October 1980) and Item 12d (Total Prior Active Service) shows the entry “00 00 00.”

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  This regulation specified that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It also states, in pertinent part, that the DD Form 214 will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The date the Soldier entered active duty status will be entered in Item 12a.  The last date of active duty will be entered in Item 12b. The total prior active duty service will be entered in Item 12d. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of Item 12a on his DD Form 214 to show the initial date he entered active duty, 24 February 1977.

2.  Evidence of record shows that the applicant was in the Delayed Entry Program during the period 24 February 1977 through 31 October 1977.  He enlisted in the Regular Army on 1 November 1977.  Therefore, his Basic Active Service Date (BASD) is 1 November 1977.  Evidence of record further shows that the applicant was not issued a DD Form 214 for the period 1 November 1977 through 16 October 1980 upon his immediate reenlistment on 17 October 1980.  Additionally, this period of active military service is not reflected in Item 12d as prior active service on his DD Form 214, dated 9 July 1982.
3.  In view of the foregoing evidence, the applicant is entitled to correction of his records to show a prior service entry of “02 11 16” in Item 12d, depicting 2 years, 11 months, and 16 days, the duration of his active military service during the period 1 November 1977 through 16 October 1980.  

BOARD VOTE:

__cd____  __cad___  __rdg___  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending Item 12d (Total Prior Active Service) on his DD Form 214 to show the entry "02 11 16." 



						Carmen Duncan
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070008160
SUFFIX

RECON

DATE BOARDED
20071030
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.