IN THE CASE OF:	 

		BOARD DATE:	       10 MARCH 2009

		DOCKET NUMBER:  AR20080012783 


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 [Active Duty] This Period) on his retirement DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 August 1990 be corrected to show he entered active duty on 21 August 1970.

2.  The applicant states that the date of entry on his retirement DD Form 214 is incorrect.  He contends that he entered the service on 21 August 1970.

3.  The applicant provides DD Forms 214 for the periods ending 31 August 1990 and 25 April 1971.

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 enlisted in the Regular Army on 21 August 1970 for a period of 
3 years.  He was honorably discharged on 25 April 1971 for immediate reenlistment.  Item 22b (Statement of Service – Total Active Service) shows the entry 8 months and 5 days.

3.  Item 17 (Date of Entry) on the applicant's DD Form 214 (Report of Transfer or Discharge) for the period ending 25 April 1971 shows the entry, "21 Aug [August] 70 [1970]." 

4.  The applicant reenlisted on 26 April 1971.  He was honorably discharged for immediate reenlistment on 28 April 1974.  Item 18a (Record of Service – Net Active Service This Period) shows the entry 3 years and 3 days.  Item 18b (Prior Active Service) shows the entry 8 months and 5 days.  Item 18c (Total Active Service) shows the entry 3 years, 8 months, and 8 days.

5.  Item 15 (Date Entered Active Duty This Period) on the applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 28 April 1974
shows the entry, "71 04 26" [26 April 1971].

6.  The applicant reenlisted on 29 April 1974.  He was honorably discharged for immediate reenlistment on 7 June 1976.  Item 18a shows the entry 2 years,
1 month, and 9 days.  Item 18b shows the entry 3 years, 8 months, and 1 day.  Item 18c shows the entry 5 years, 9 months, and 10 days.

7.  Item 15 on the applicant's DD Form 214 for the period ending 7 June 1976 shows the entry, "74 04 29" [29 April 1974].

8.  The applicant's last DD Form 214 shows he reenlisted on 8 June 1976.  He subsequently remained on active duty through continuous reenlistments until he retired on 31 August 1990 in the rank of sergeant first class.

9.  Item 12a on the applicant’s DD Form 214 for the period ending 31 August 1990 shows the entry, “76 06 08” [8 June 1976].  Item 12d (Total Prior Active Service) on this DD Form 214 shows he had 5 years, 9 months, and 10 days of prior active service. 

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It 
is a vital record for interested Government agencies which assist the veteran in 
obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  The regulation states that for item 12a, 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).  It also states that for item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.

DISCUSSION AND CONCLUSIONS:

Evidence of record shows the applicant enlisted in the Regular Army on 
21 August 1970, which is properly reflected on his DD Form 214 for the period ending 25 April 1971.  He entered into a continuous period of Regular Army service beginning on 26 April 1971.  Additionally, his period of prior active service is properly reflected on his DD Form 214 for the period ending 31 August 1990.  Therefore, there is no basis for granting the applicant’s request to amend item 12a on his DD Form 214 for the period ending 31 August 1990.

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.



      __________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)                                         AR20080012783



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ABCMR Record of Proceedings (cont)                                         AR20080012783



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