RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 April 2008
	DOCKET NUMBER:  AR20070013739 


	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.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  Item 12a (Date Entered Active Duty This Period) to show "1975 07 22" instead of "1978 05 31";

	b.  Item 12c (Net Active Service This Period) to show "0024 00 10" instead of "0021 02 00"; 

	c.  Item 12d (Total Prior Active Service) to show "0000 00 00" instead of "0002 10 09"; and

	d.  Item 15a (Member Contributed to Post-Vietnam Era Veteran's Educational Assistance Program) to show "Yes" instead of "No."

2.  The applicant states that he served his country for 24 years and 10 days and that it is his legal right to show the correct service on his DD Form 214.

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

	a.  DD Form 214, dated 31 July 1999;

	b.  DA Form 2A (Personnel Qualification Record), dated 20 March 1997;

	c.  Standard Form 601 (Health Record-Immunization Record) showing his immunizations on miscellaneous dates in the 1970s; and

	d.  Standard Form 600 (Chronological Record of Medical Care) showing his medical treatment on miscellaneous dates in the 1970s. 

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 unit supply master sergeant (MSG)/E-8.  He enlisted in the Regular Army for a period of 3 years on 22 July 1975 and was honorably separated for the purpose of reenlistment on 30 May 1978.  The DD Form 214 he was issued at the time of his separation shows he completed 2 years, 10 months, and 9 days of creditable military service.

3.  On 31 May 1978, the applicant reenlisted for a period of 3 years.  Item 9 (Previous Military Service) of his DD Form 4 (Enlistment or Reenlistment Agreement-Armed Forces of the United States), dated 31 March 1978 shows he had completed 2 years, 10 months, and 9 days of previous military service.  He subsequently executed a series of extensions and/or reenlistments in the Regular Army and was retired on 31 July 1999.  The DD Form 214 he was issued at the time of his retirement shows the following entries:

	a.  Item 12a shows the entry "1978 05 31", indicating he entered on active duty during the current period covered by the DD Form 214 on 31 May 1978; 

	b.  Item 12c shows the entry "0021 02 00" indicating he completed 21 years and 2 months of active military service during the period covered by this DD Form 214; 

	c.  Item 12d shows the entry "0002 10 09", indicating he completed 2 years, 10 months, and 9 days of prior creditable military service; and 

	d.  Item 15a shows the entry "No."

4.  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.  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 is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The date the Soldier entered active duty status is entered in Item 12a, the last date of active duty is entered in Item 12b, the net active service completed during the period covered by the DD Form 214 is entered in Item 12c, and the period of total prior active duty service is entered in Item 12d.  Additionally, Item 15a shows the Post Vietnam Era Veteran's Educational Assistance Program (VEAP) contributions.  If a Soldier contributed to VEAP and did not get money back, the "Yes" entry is marked.  For those who enlisted before 1984, and contributed to VEAP, and received their money back, the "No" entry is marked.  For any Soldier who enlisted after 1985, the "No" entry is marked. 

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant completed 2 years, 10 months, and 9 days of creditable military service during his initial enlistment in the Regular Army and that this period of service is correctly shown on his DD Form 214, dated 30 May 1978.  

2.  Evidence of record further shows that he reenlisted on 31 May 1978 and was retired on 31 July 1999.  Item 12a of his DD Form 214, dated 31 July 1999, correctly reflects the entry "1978 05 31" (the date he reenlisted), Item 12b (Separation Date This Period) correctly reflects the entry "1999 07 31" (the date he retired), Item 12c correctly shows the entry "0021 02 00" (the total active service from the date he reenlisted to the date he retired), and Item 12d reflects an entry of 2 years, 10 months, and 9 days, which is the applicant's total prior military service during his initial induction and first enlistment.  When combining the applicant's net active service in Item 12c to his total prior military service in Item 12d, it adds up to 24 years and 10 days of total active military service. 

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.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  

4.  With respect to the applicant's contributions to the VEAP, the applicant's records do not show any evidence and the applicant did not provide any substantiating evidence that shows he contributed to VEAP.  Therefore, the applicant has not established a basis for this correction.

5.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy that requirement in this case. Therefore, he is not entitled to relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__x___  __x__  __x___  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.




							RML
      ______________________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070013739



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508