RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 January 2008
	DOCKET NUMBER:  AR20070011312 


	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:


Mr. William D. Powers

Chairperson

Mr. Jerome L. Pionk

Member

Mr. Donald W. Steenfott

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 Active Duty This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show "1975 06 16" instead of "1978 03 31."

2.  The applicant states, in effect, that he enlisted in the Regular Army on 16 June 1975 for a period of 3 years and that this enlistment date should be the date entered in Item 12a of his DD Form 214. 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214, dated 31 March 1997.

	b.  DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 20 June 1973.

	c.  Armed Forces Examining and Entrance Station, Richmond, Virginia, Special Orders Number 119, and DD Form 4 (Enlistment Contract-Armed Forces of the United States), both dated 16 June 1975.

	d.  Headquarters, III Corps and Fort Hood, Fort Hood, Texas, Special Orders Number 121, dated 12 June 1973.

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 was a Regular Army food service master sergeant (MSG)/E-8.  He was inducted into the Army of the United States on 21 June 1971 and was honorably separated and transferred to the U.S. Army Reserve Control Group on 20 June 1973.  The DD Form 214 he was issued shows that he completed 2 years of creditable military service.

3.  The applicant's records further show that he enlisted in the Regular Army on 16 June 1975 for a period of 3 years.  He was honorably discharged on 30 March 1978 for the purpose of reenlistment.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 9 months, and 14 days of his current 3-year reenlistment and 2 years of prior military service.

4.  On 31 March 1978, the applicant reenlisted for a period of 3 years.  Item 9 (Previous Military Service) of his DD Form 4, dated 31 March 1978 shows that he had completed 4 years, 9 months, and 14 days of previous military service. He subsequently executed a series of extensions and/or reenlistments and was retired on 31 March 1997.  Item 12a of the DD Form 214 he was issued at the time shows that the entry "1978 03 31" (31 March 1978) and Item 12d (Total Prior Active Service) shows the entry "04  09 15" , indicating he completed 4 years, 9 months, and 15 days of prior creditable military service.

5.  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.  Evidence of record shows that the applicant completed 2 years of creditable military service during his initial induction into the Army of the United States and 2 years, 9 months, and 14 days of service during the period of his enlistment on 16 June 1975 and reenlistment on 31 March 1978.  

2.  Evidence of record further shows that he reenlisted on 31 March 1978 and was retired on 31 March 1997.  Item 12a of his DD Form 214, dated 31 March 1997, reflects the entry "1978 03 31" (the date he reenlisted) and Item 12b (Separation Date This Period) reflects the entry "1997 03 31" (the date he retired).  Item 12d reflects an entry of 4 years, 9 months, and 15 days, which is the applicant's total prior military service during his initial induction and first enlistment. 

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.  The DD Form 214 is not intended to have any legal effect on termination of a soldier’s service. Consolidation of two or more periods of service into one DD Form 214 violates the intent and purpose of the DD Form 214.  The applicant has not shown error, injustice, or inequity for the relief he is requesting.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __jlp___  __dws___  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.




							William D. Powers
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070011312
SUFFIX

RECON

DATE BOARDED
20080110
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
100.0200
2.

3.

4.

5.

6.