IN THE CASE OF:	  

		BOARD DATE:	        02 OCTOBER 2008

		DOCKET NUMBER:  AR20080012510 


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 DD Form 214 be corrected to show that he entered active duty at Fort Ord, California on 24 June 1971 and not on 31 August 1977, which was his second enlistment.  He also requests that he be credited with active duty in the Air Force Reserve (USAFR) from 21 November 1963 through 30 November 1969 and that his total Active service be adjusted to 20 years, 2 months, and 8 days.  

2.  The applicant states, in effect, that his DD Form 214 incorrectly reflects his reenlistment date instead of the date he reported for duty at Fort Ord.  He goes on to state that he should have been credited with active duty time in the USAFR from 21 November 1963 through 30 November 1969 and his total active service should be computed as 20 years, 2 months and 8 days.

3.  The applicant provides a copy of his DD Form 214, dated 30 September 1990, 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.  The applicant was born on 3 December 1942 and enlisted in the USAFR on 14 September 1963.  He remained in the USAFR until he was honorably discharged on 13 September 1969, upon completion of his 6-year obligation.

3.  On 25 June 1971, he enlisted in the Regular Army in Los Angeles, California and was transferred to Fort Ord to undergo his basic combat training (BCT).  He completed his BCT and was transferred to Fort Polk, Louisiana to undergo his advanced individual training (AIT).  He completed his AIT and was transferred to Fort Huachuca, Arizona for his first duty assignment.   

4.  He remained at Fort Huachuca until he was transferred to Kaiserslautern, Germany on 27 April 1972.  He was promoted to the pay grade of E-5 on 1 November 1972. 

5.  On 18 February 1974, he was honorably discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 at that time.  

6.  On 19 February 1974, he reenlisted for a period of 4 years for the same duty location.

7.  He remained in Germany and on 30 August 1977, he was honorably discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 at that time.

8.  On 31 August 1977, he reenlisted for a period of 3 years for the same duty location.  He remained in Germany for a total of 88 months until 22 June 1979, when he was transferred to Fort Bragg, North Carolina.

9.  The applicant was honorably discharged on 30 May 1980 for the purpose of immediate reenlistment.  He was not issued a DD Form 214 at that time based on change of regulatory procedures for issuance of DD Forms 214 at reenlistment.

10.  On 31 May 1980, he reenlisted for a period of 6 years, for what would be his final reenlistment.  He remained on active duty and was promoted to the pay grade of E-8 on 12 September 1988.


11.  On 23 January 1990, the applicant submitted a DA Form 2339 (Application for Voluntary Retirement) to be effective 1 October 1990.  The DA Form 2339 reflects that he was credited with active and inactive service in the USAFR from 14 September 1963 to 13 September 1969 and active service in the Regular Army from 25 June 1971 to 30 September 1990.  He was credited with 20 years, 2 months, and 8 days of total active service and 25 years, 3 months, and 6 days of service for pay purposes.  The applicant authenticated that document with his signature.

12.  Accordingly, the applicant was honorably released from active duty (REFRAD) on 30 September 1990 and was transferred to the Retired List in the pay grade of E-8 effective 1 October 1990.  His DD Form 214 issued at the time of his REFRAD reflects that he entered active duty this period on 31 August 1977 and that his total active service (net active service this period and total prior active service together) was 20 years, 2 months, and 8 days.

13.  Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214.  The regulation in effect prior to 1 October 1979 provided that a DD Form 214 would be issued for each period of service, to include separations for immediate reenlistment.  Each period of service would be documented by a separate DD Form 214 for each period of service.  However, effective 1 October 1979, that regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments.  A break in service in excess of 24 hours was required for a DD Form 214 to be issued from that point and continues to present day.  This regulation further states that for the entry in Block 12a (Date Entered AD [Active Duty] This Period, enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  (emphasis added) 

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 incorrectly reflects that he entered active duty on 31 August 1977 has been noted and found to lack merit.  The applicant originally enlisted in 1971 and he reenlisted in 1974 and 1977.  At that time, a DD Form 214 was required to document each period of service/
enlistment.  However, on 1 October 1979, the applicable regulation was changed to eliminate the issuance of the DD Form 214 for immediate reenlistments not involving a separation from service in excess of 24 hours.  

2.  Inasmuch as the applicant had received DD Forms 214 up until the time of his reenlistment on 31 August 1977, that date was entered on his DD Form 214 at the time of his retirement.  His other active service was included in block 12d (Total Prior Active Service) of his DD Form 214.  The applicant was correctly credited with 20 years, 2 months, and 8 days of total active service, which included his active service in the USAFR.

3.  The applicant’s inactive service in the USAFR was also included in his service computation in block 12e (Total Prior Inactive Service) of his DD Form 214 and he was credited with 25 years, 3 months, and 6 days of service for pay purposes. 

4.  Inasmuch as the applicant has failed to show through the evidence submitted with his application and the evidence of record that his service in incorrectly computed and reflected on his DD Form 214, there appears to be no basis to make any changes to that document.

5.  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

__XXX __  __XXX__  __XXX__   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.



      ___        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)                                         AR20080012510



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012510



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1