IN THE CASE OF:	  

	BOARD DATE:	  11 December 2008

	DOCKET NUMBER:  AR20080011757 


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 correction of his military records to show all of his active duty service on one Certificate of Release or Discharge from Active Duty 
(DD Form 214).

2.  The applicant states that he entered active duty on 27 June 1972 and never had a break in service until his retirement on 1 July 1994.  He contends that his entire active duty service should be shown on a single DD Form 214 because it is [adversely] affecting his retirement pay status.

3.  The applicant provides copies of his two DD Forms 214, one enlistment and five reenlistment contracts, and his Personnel Qualification Record, Part II (DA Form 2-1) in support of his 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.  On 17 March 1972, the applicant enlisted in the United States Army Reserve for 6 years.  

3.  On 27 June 1972, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training and was awarded military occupational specialty (MOS) 62L (Wheeled Tractor Operator).

4.  On 26 March 1974, the applicant was discharged for the purpose of immediate reenlistment.  He had attained the rank of specialist four (SP4), pay grade E-4, and had completed 1 year and 9 months of creditable active duty service.

5.  Item 18 (Record of Service) of his DD Form 214 effective 26 March 1974, shows that he completed 1 year and 9 months of active duty, 3 months and 
10 days of inactive service, and 2 years and 10 days service creditable for pay.

6.  On 27 March 1974, the applicant reenlisted for 6 years in the Regular Army.  He continued to serve on active duty, reenlisting another four times.  He had no break in his active duty service and was retired effective 1 July 1994.  He had completed a total of 22 years and 4 days of active duty service, and had attained the rank of sergeant first class, pay grade E-7.

7.  Item 12 (Record of Service) of his DD Form 214, effective 30 June 1994, shows that he entered active duty this period on 27 March 1974 and was separated on 30 June 1994; that he had completed 20 years, 3 months, and 
4 days of active duty during his period of active duty service; that he had completed 1 year and 9 months of prior active duty service; that he had completed 3 months and 10 days of prior inactive service; and that he had served overseas for a total of 5 years and 17 days during this period of active duty service.

8.  Army Regulation 635-5 (Separation Documents), effective 23 May 1972, provided detailed instructions for completing separation documents, including the DD Form 214.  It provided, in pertinent part, that a DD Form 214 was to be issued at the time of separation to each member of the Regular Army.  It 


provided no exception for Soldiers who were immediately reenlisting.  This regulation was subsequently changed to stop issuance of a DD Form 214 to Regular Army Soldiers who had reenlisted without a break in service.  The change was not retroactive.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows that the applicant enlisted in the Regular Army on 27 June 1972 and was discharged on 26 March 1974 for the purpose of immediate reenlistment.  According to regulations in effective at the time, he was issued a DD Form 214 for this period of active duty service.

2.  The evidence also clearly shows that the applicant reenlisted on 27 March 1974 for 6 years.  Subsequent to his next reenlistment, the regulatory requirement to issue a DD Form 214 at each immediate reenlistment was eliminated.  Consequently, at the time of the applicant’s final separation for retirement, he was issued a DD Form 214 that covered his continuous active duty service from 27 March 1974 to 30 June 1994.  This DD Form 214 also shows his first enlistment as prior active duty service.

3.  There are no regulatory provisions permitting the consolidation of separate periods of active duty, for which a DD Form 214 was previously issued, into a single DD Form 214.

4.  The applicant’s final DD Form 214 clearly shows all of his service.  

5.  There is no evidence showing that his retired pay status is adversely affected by his having two DD Forms 214 and he has not provided any evidence to support this claim. 

6.  In view of the above, the applicant's request should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080011757



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