IN THE CASE OF:	    

		BOARD DATE:	         2 December 2008

		DOCKET NUMBER:   AR20080012724 


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 This Period) of his 31 May 1996 separation document (DD Form 214) be corrected.

2.  The applicant states, in effect, that Item 12a of his DD Form 214 erroneously reflects his entry date as 6 May 1977, when in fact his basic active service date (BASD) was 10 June 1974.  He now requests that Item 12a of his DD Form 214 be corrected accordingly.  

3.  The applicant provides United States Army Transportation Center Orders Number 230-0013, dated 18 August 1995, and a copy of his Personnel Qualification Record (DA Form 2A) 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's record contains an Enlistment Record – Armed Forces of the United States (DD Form 4) that shows he initially enlisted in the Regular Army (RA) for a period of 3 years and entered active duty on 10 June 1974.  His record shows he served in this status until 5 May 1977, at which time he was honorably discharged for the purpose of immediate reenlistment.  His record contains a DD Form 214 issued at this time that confirms he completed 2 years, 10 months, and 26 days during the period covered by the separation document (10 June 1974 – 5 May 1977).  

3.  There is also a DD Form 4 on file that confirms the applicant reenlisted in the RA for 3 years and began his last period of active duty service on 6 May 1977.  He continuously served on active duty until 31 May 1996, at which time he was honorably released from active duty (REFRAD) for the purpose of retirement.  

4.  The DD Form 214 the applicant was issued upon his retirement on 31 May 1996, shows, in Item 12a, that he entered active duty on that particular period of service on 6 May 1977.  Item 12c (Net Service This Period) shows he completed 19 years and 25 days during the period covered by the separation document 
(6 May 1977- 31 May 1996) and Item 12d (Total Prior Active Service) shows he completed a total of 2 years, 10 months, and 26 days of prior active military service.  

5.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item preparation instructions for the DD Form 214.  The instructions for Item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued (emphasis added).  The regulation states, in pertinent part, that a DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It makes no provisions for consolidating DD Forms 214 issued for separate periods of active duty service.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the entry date in Item 12a of his 31 May 1996 DD Form 214 should show that he entered active duty in 1974 was carefully considered.  However, by regulation, Item 12a of the DD Form 214 in question should properly show the beginning date of the continuous period of active duty for which a DD Form 214 was not previously issued.  There are no provisions providing for entering the BASD on the DD Form 214.  

2.  The evidence of record confirms the applicant was issued a DD Form 214 on 5 May 1977, which covered his active duty service from 10 June 1974 through 
5 May 1977.  It also confirms that upon his retirement, he was issued a DD Form 214 documenting his active duty service from 6 May 1877 through 31 May 1996, the period for which a DD Form 214 had not been previously issued.  

3.  The applicant's record further shows that he entered his last continuous period of active duty service when he reenlisted on 6 May 1977, and that this date is properly recorded in Item 12a of his 31 May 1996 DD Form 214, as the date he entered that period of active duty service.  As a result, the applicant's active duty service is properly documented in the two separation documents he was issued on 5 May 1977 and 31 May 1996 and there is no apparent error or injustice related to the entry in Item 12a of his separation document.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  

4.  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)                                         AR20080012724



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012724


4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1