RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 March 2008
	DOCKET NUMBER:  AR20070015287 


	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. James E. Anderholm

Chairperson

Mr. William D. Powers

Member

Mr. Jerome L. Pionk

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), dated 31 October 1988, as follows:

	a.  Item 12a (Date Entered Active Duty This Period) from “76 04 23” to  “67 08 15”;

	b.  Item 12b (Separation Date This Period) from “88 10 31” to “88 11 01”; and 

	c. Item 12c (Net Active Service This Period) from “12 06 08” to the correct net active service after correction of Items 12a and 12b. 

2.  The applicant states, in effect, that the entries on his DD Form 214 are incorrect.

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

	a.  DA Form 2A (Personnel Qualification Record), dated 16 March 1982;

	b.  Enlisted Record Brief, dated 1 March 1988;

	c.  Certificate, dated 9 May 1968, showing award of the Purple Heart; and

	d.  Certificate of Retirement, dated 1 November 1988.  

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 field artillery first sergeant (1SG)/E-8 who enlisted in the Regular Army on 15 August 1967 and subsequently executed a series of reenlistments.  He was honorably released from active duty for the purpose of retirement on 31 October 1988 and was placed on the Retired List on 1 November 1988.

3.  The applicant’s records show that he initially enlisted on 15 August 1967 for a period of 3 years and was honorably discharged on 6 May 1970 for the purpose of reenlistment.  The DD Form 214 he was issued upon his discharge shows he had completed 2 years, 8 months, and 22 days of active military service.

4.  The applicant’s records show that he reenlisted on 7 May 1970 for a period of 6 years.  Item 40 (Total Active Federal Service) of his DD Form 4 (Enlistment Contract-Armed Forces of the United States), dated 7 May 1970, shows his 2 years, 8 months, and 22 days of prior military service.  He was honorably discharged on 22 April 1976 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time of his discharge shows he had completed 5 years, 11 months, and 16 days during this period of reenlistment, and a combined total of 8 years, 8 months, and 8 days of active military service.

5.  The applicant’s records further show that he reenlisted on 23 April 1976 for a period of 6 years.  He subsequently executed a series of reenlistments, including a 5-year reenlistment on 25 January 1982 and a 3-year reenlistment on 5 December 1986.  He was released from active duty on 31 October 1988 and placed on the Retired List effective 1 November 1988.  At the time of his release from active duty, he had completed 12 years, 6 months, and 8 days of active military service during this period of reenlistment, and a combined total of 21 years, 2 months, and 16 days of active military service.

6.  The applicant was released from active duty on 31 October 1988 and placed on the Retired List on 1 November 1988.  The DD Form 214 he was issued on 31 October 1988 (his last day on active duty) shows the following entries:

	a.  Item 12a shows the entry "76 04 23" (23 April 1976);

	b.  Item 12b shows the entry “88 10 31” (31 October 1988);

	c.  Item 12c shows the entry “12 06 08” (12 years, 6 months, and 8 days); and

	d.  Item 12d (Total Prior Active Service) shows the entry “08 08 08”          (8 years, 8 months, and 8 days).  
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.  Evidence of record shows that the applicant completed 2 years, 8 months, and 22 days of active military service during his initial enlistment and 5 years, 11 months, and 16 days during his first reenlistment, for a combined total of 8 years, 8 months, and 8 days of active military service which is accurately reflected as his total prior active service in Item 12d of the DD Form 214, dated 31 October 1988.

2.  Evidence of record further shows that he reenlisted on 23 April 1976, executed a series of reenlistments, and was retired on 31 October 1988.  Item 12a of his DD Form 214, dated 31 October 1988, reflects the entry "76 04 23" (the date he reenlisted) and Item 12b reflects the entry "88 10 31" (the date he retired).  Item 12c reflects an entry of 12 years, 6 months, and 08 days, which is the applicant's total active military service from the date he reenlisted on 23 April 1976 to the date he retired on 31 October 1988. 

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

__jea___  __wdp___  __jlp___  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.




							James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.