RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 December 2007
      DOCKET NUMBER:  AR20070010163


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. John G. Heck                  |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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, that the entry date in Item 12a
(Date Entered Active Duty This Period) of his 30 September 1993 separation
document
(DD Form 214) be corrected to show he entered active duty in 1969 and not
1977, as is currently listed.

2.  The applicant states, in effect, that he entered active duty in 1969
and this should be reflected in Item 12a of his 30 September 1993 DD Form
214.

3.  The applicant provides a copy of his Personnel Qualification Record
Part I (DA Form 2) and Part II (DA Form 2-1) 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 record shows that he initially enlisted in the Regular
Army and entered active duty on 19 September 1969.  He successfully
completed basic combat training and advanced individual training (AIT) at
Fort Jackson,
South Carolina.  Upon completion of AIT, he was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 23 March 1972, the applicant was honorably discharged for the
purpose of immediate reenlistment.  The DD Form 214 he was issued at the
time shows he completed a total of 2 years, 6 months, and 5 days of active
military service and held the rank of specialist four (SP4) on the date of
his discharge.

4.  On 24 March 1972, the applicant reenlisted for six years.  He
continuously served until being honorably discharged for the purpose of
immediate reenlistment on 27 December 1977.  The DD Form 214 he was issued
at the time shows that he completed 5 years, 9 months, and 4 days of net
active service during the period covered by the DD Form 214 (24 March 1972
–
27 December 1977), and a total of 8 years, 3 months, and 9 days of active
military service.

5.  On 28 December 1977, the applicant reenlisted for six years.  The
applicant continued to serve through reenlistments until being honorably
retired on
30 September 1993.

6.  Item 12a of the DD Form 214 issued to the applicant on 30 September
1993, shows he entered active duty on that period of service on 28 December
1977.  Item 12c (Net Service This Period) shows he completed 15 years, 9
months, and 3 days during the period covered by the separation document (28
December 1977 - 30 September 1993), and Item 12d (Total Prior Active
Service) shows he completed a total of 8 years, 3 months, and 9 days of
prior active military service. Based on the active duty service the
applicant completed during the period covered by his final DD Form 214 and
his prior active military service, he completed a total of 24 years and 12
days of active military service.  The applicant authenticated this document
with his signature on the date of his separation for retirement.

7.  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.  Chapter 2 contains item-by-item preparation instructions for the DD
Form 214.  The instructions for Item 12a state to enter 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).  The
regulation states, in pertinent part, that a DD Form 214 is a summary of a
Soldier's most recent period of continuous active duty.  It makes no
provisions for consolidating DD Forms 214 issued for separate periods of
active duty service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry date in Item 12a of his 30
September 1993 DD Form 214 should show that he entered active duty in 1969
was carefully considered.  However, by regulation, the date in Item 12a is
the beginning date of the continuous period of active duty for which a DD
Form 214 was not previously issued.

2.  The evidence of record confirms the applicant was issued DD Forms 214
for two periods of active duty service he completed from 19 September 1969
through 23 March 1972 and from 24 March 1972 through 27 December 1977.  It
further shows that he entered his last continuous period of active duty
service when he reenlisted on 28 December 1977, which is the date properly
entered in Item 12a of his 30 September 1993 DD Form 214.  As a result, the
applicant's active duty service is properly documented in the three
separation documents he was issued on 23 March 1972, 27 December 1977, and
30 September 1993.  Therefore, there is an insufficient evidentiary basis
to support granting the requested relief.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JFR___  __JGH __  __QAS__  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.




                                  _____Jeffrey C. Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070010163                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1993/09/30                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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