IN THE CASE OF:
BOARD DATE: 16 September 2008
DOCKET NUMBER: AR20080010150
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 his release date, on his DD Form 214 (Certificate of Release or Discharge from Active Duty), be corrected to show that he was released from active duty on 31 March 1982 and to show that he entered active duty on 16 June 1975 (sic 17 June 1975).
2. The applicant states, in effect, that his DD Form 214 should be corrected to show his correct active duty time.
3. The applicant provides a copy of his DD Form 214 in support of his request.
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 applicants 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 applicants 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 he enlisted in the United States Army Reserve (USAR) on 31 May 1975, for 6 years, with an established expiration of term of service (ETS) of 30 May 1981. He enlisted in the Regular Army on 17 June 1975, for 3 years, with an ETS of 16 June 1978. He was trained as a Wire System Installer/Operator, in military occupational specialty (MOS) 36C. He was promoted to specialist four (SP4/E-4) effective 28 September 1976.
3. The applicant served until he was honorably discharged on 30 January 1978, for the purpose of immediate reenlistment. He reenlisted on 31 January 1978, for 4 years, with an ETS of 30 January 1982. He was promoted to sergeant (SGT/E-5) effective 16 October 1978.
4. On 14 October 1980, the applicant extended his enlistment for 2 months with a newly established ETS of 30 March 1982.
5. The applicant continued to serve until he was honorably discharged on 30 March 1982. He was transferred to the USAR Control Group (Reinforcement).
6. The applicant enlisted in the USAR on 31 March 1982 for one year with an ETS of 30 March 1983. He served until he was honorably discharged from the USAR on 30 March 1983.
7. Item 12a, (Dated Entered AD [Active Duty] This Period), of his DD Form 214, shows the entry "78 01 31" (31 January 1978); Item 12b (Separation Date This Period), shows the entry "82 03 30" (30 March 1982); and item 12d (Total Prior Active Service) shows the entry "02 07 14" (2 years, 7 months, and 14 days).
8. Army Regulation 635-5 governs the preparation of the DD Form 214. It states, in pertinent part, that item 12a (Date Entered AD this Period) will be completed to show the beginning date of the continuous period of AD for issuance of the present DD Form 214, for which a DD Form 214 was not previously issued.
9. Regulation also states, in pertinent part, that item 12b (Separation Date This Period) will be completed to show the Soldier's transition date. This date may not be the contractual date if the Soldier is separated early, voluntarily extends, or is
extended for make up of lost time, or retained on AD for the convenience of the Government. Item 12d (Total Prior Active Service) will be completed to show the amount of prior active military service, less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant enlisted in the Regular Army on 17 June 1975 and continued to serve until he was honorably discharged on 30 January 1978, for immediate reenlistment. This period of service equated to 2 years, 7 months, and 14 days of active service and is currently shown in item 12d, of his DD Form 214. Therefore, he is not entitled to correction of item 12a, of his DD Form 214, to show 17 June 1975, as his date of entry on active duty.
2. The evidence shows he reenlisted on 31 January 1978 for 4 years with an established ETS of 30 January 1982 and extended his enlistment for 2 months with a newly established ETS of 30 March 1982. He was honorably discharged on 30 March 1982 and enlisted in the USAR on 31 March 1982. His DD Form 214 properly reflects his correct separation date. Therefore, there is no basis to change item 12b, of his DD Form 214, dated 30 March 1982 to show the entry "82 03 31" (31 March 1982).
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
____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.
_________x_____________
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) AR20080010150
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080010150
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