IN THE CASE OF:
BOARD DATE: 7 October 2008
DOCKET NUMBER: AR20080010664
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 that Item 12a (Date Entered AD This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 September 1991, be corrected to read "4 July 1969."
2. The applicant states, in effect, that he entered active duty in the Regular Army on 4 July 1969 and served for 22 years, 2 months, and 27 days, with no break in service until he retired on 30 September 1991. His DD Form 214 erroneously indicates that he entered active duty on 17 November 1977.
3. The applicant provides a copy of his DD Form 214, with an effective date of 30 September 1991.
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 enlisted in the Regular Army on 4 July 1969 for a period of
3 years. On 28 June 1972, he was honorably discharged for the purpose of immediate reenlistment. He was issued a separate DD Form 214 covering this period of active duty.
3. On 29 June 1972, the applicant reenlisted for a period of 3 years. He extended his enlistment for a period of 16 months on 27 June 1973. On
29 September 1976, he was honorably discharged for the purpose of immediate reenlistment. He was issued his second DD Form 214 covering this period of active duty.
4. On 30 September 1976, the applicant reenlisted for a period of 3 years and was honorably discharged on 16 November 1977 for the purpose of immediate reenlistment. He was issued his third DD Form 214 covering this period of active duty.
5. The applicant's last period of continuous active duty began on 17 November 1977 and ended with his retirement on 30 September 1991. The DD Form 214 covering this last period of continuous active duty is actually the fourth DD Form 214 the applicant was issued. It correctly shows the date he entered active duty and Item 12d (Total Prior Active Service) of his DD Form 214 correctly reflects all his prior active duty service (8 years, 4 months, and 13 days) covered in the previously issued DD Forms 214.
6. Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214. It stated, in pertinent part, that effective
1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. The list of reenlistment periods for which the DD Form 214 was not issued are to be listed in Item 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The DD Form 214, with an effective date of 30 September 1991, issued to the applicant upon his retirement, was correctly and accurately prepared. There is no error in this document.
2. The applicant was issued three DD Forms 214 prior to the one that he received on 30 September 1991. All of his active duty time is accurately reflected in these documents. Army regulations changed in 1979 and DD Forms 214 were no longer issued for immediate reenlistments. As such, the applicant's last period of active duty, which began on 17 November 1977, and continued until his retirement, is correctly reflected in his last DD Form 214.
3. The applicant will be provided a copy of his previous DD Forms 214 for his information and use.
4. The applicant has failed to show that his record is in error or that an injustice exists. Therefore, there is no basis upon which to grant his request.
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) AR20080010664
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ABCMR Record of Proceedings (cont) AR20080010664
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