IN THE CASE OF:	  

		BOARD DATE:	        24 SEPTEMBER 2008

		DOCKET NUMBER:  AR20080007334 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that item 12a (Date Entered Active Duty [AD] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement on 30 June 1995, which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected to show that he entered active duty on 26 January 1973. 

2.  The applicant essentially states that he initially entered active duty on 
26 January 1973, and continuously served on active duty until he retired on 
30 June 1995.  He also states that the accuracy of item 12a of his DD Form 214 is imperative, and that his retirement pay may have been erroneously computed. He further states that he does not have any documents on hand to verify his initial enlistment date, but that this information should be in his military records.

3.  The applicant provides his DD Form 214 in support of this 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 military records show that he enlisted in the Regular Army on 26 January 1973.  On 11 December 1974, the applicant was discharged for the purpose of immediately reenlisting on 12 December 1974, and he was issued a DD Form 214 covering his service from 26 January 1973 to 11 December 1974.

3.  The applicant continued to served on active duty until he was retired on 
30 June 1995.  Item 12a of his DD Form 214 essentially shows that he entered active duty for the period covered by this form on 12 December 1974.  Item 12d (Total Prior Active Service) of this document also shows that he had 1 year, 
10 months, and 16 days of prior active service which, when combined with the 
20 years, 6 months, and 19 days of active duty service shown in item 12c (Net Active Service This Period), shows that he completed 22 years, 5 months, and 
5 days of total active duty service throughout his military career.  The applicant's retirement orders, dated 5 April 1995, also essentially shows that his retirement pay was based upon his completion of 22 years, 5 months, and 5 days of total active duty service.

4.  The applicant essentially stated that he initially entered active duty on 
26 January 1973, and continuously served on active duty until he retired on 
30 June 1995.  He also stated that the accuracy of item 12a of his DD Form 214 is imperative, and that his retirement pay may have been erroneously computed. He further stated that he does not have any documents on hand to verify his initial enlistment date, but that this information should be in his military records.

5.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, instructions for preparing the DD Form 214.  This regulation states that in item 12d, "From previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any.  If not applicable, enter "00 00 00."

6.  Department of Defense Instruction 1336.1 (Certificate of Release or Discharge from Active Duty [DD Form 214/5 Series]), dated 6 January 1989, does not provide for issuing a new DD Form 214 to consolidate the continuous service covered by two DD Forms 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 12a of his DD Form 214 should be corrected to show that he entered active duty on 26 January 1973. 
2.  The evidence of record clearly shows that the applicant initially entered active duty on 26 January 1973, and that he served on active duty with no break in service until he was retired on 30 June 1995.  However, the applicant's service from 26 January 1973 to 11 December 1974 was properly documented by a separate DD Form 214.  The fact that the applicant essentially requested that he be issued a new DD Form 214 which consolidates all of his active military service was noted.  However, there is no regulatory requirement to issue a new DD Form 214 to consolidate the continuous service covered by two DD Forms 214, and the fact that his continuous active service is covered by two DD Forms 214 does not constitute an error or injustice.  Therefore, there is no basis for granting relief to the applicant in this case.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States throughout his military career.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___        XXX                ___
                CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007334



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ABCMR Record of Proceedings (cont)                                         AR20080007334



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