IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080013308 


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 the dates in Item 12 (Record of Service) of his 4 November 1988 separation document (DD Form 214) be corrected.  

2.  The applicant states, in effect, that the entries in Item 12a (Date Entered AD This Period), Item 12c (Net Active Service This Period), Item 12d (Total Prior AD Service), and Item 12e (Total Prior Inactive Service) of the DD Form 214 in question are in error.   

3.  The applicant provides his 4 November 1988 DD Form 214 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 shows that he initially enlisted in the United States Army Reserve (USAR) Delayed Entry Program (DEP) on 18 March 1974, and served in that status until 24 June 1974, at which time he was discharged from the DEP, enlisted in the Regular Army (RA) for 2 years, and entered active duty.  

3.  On 26 July 1976, the applicant was honorably discharged for the purpose of immediate reenlistment, and on 27 July 1976, he reenlisted in the RA for 3 years and remained on active duty.  He served until being honorably discharged for the purpose of immediate reenlistment on 20 March 1979.  His record contains a DD Form 214 prepared for this period of active duty service (27 July 1976 - 20 March 1979).  

4.  On 21 March 1979, the applicant reenlisted in the RA and began his last continuous period of active duty service.  He continuously served through reenlistment and extension until  4 November 1988, at which time he was honorably discharged, in the rank of sergeant (SGT), due to a reduction in force.  The DD Form 214 he was issued at the time shows he completed 9 years, 7 months, and 14 days of active duty service during the period covered by the DD Form 214 (21 March 1979 - 4 November 1988) in Item 12c.  Item 12d shows he completed a total of 4 years, 8 months, and 27 days of prior active duty service, which covers the period between his initial enlistment and his last reenlistment (24 June 1974 - 20 March 1979), and Item 12e shows he completed a total of 3 months and 6 days of prior inactive service, which accounts for his time in the USR DEP (18 March-24 June 1974).  

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 establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the DD Form 214 and states, in pertinent part, that the
DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  It further states, in effect, that DD Form 214 will cover the period beginning on the date of continuous active duty service for which a DD Form 214 was not previously issued, and will end on the date of separation.  Periods of active duty service covered by previously issued DD Forms 214 will be entered as prior active duty service.  The versions of the regulation in effect at the time of the applicant’s 1976 and 1979 discharges for immediate reenlistments provided for the issue of a DD Form 214 for each period of enlistment.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the dates entered in Items 12a, 12c, 12d, and Item 12e of his 4 November 1988 DD Form 214 are incorrect was carefully considered.  However, there is insufficient evidence to support these claims.

2.  By regulation, a DD Form 214 covers the period of continuous active duty service for which a DD Form 214 was not previously issued.  In this case, the applicant’s record contains a DD Forms 214 issued on 20 March 1979.  As a result, the date entered in Item 12a of his final 4 November 1988, is correctly entered as 21 March 1979, which is the date he began his last continuous
period of active duty service, and Item 12c accurately documents the active 
duty service he completed during the period covered by the DD Form 214 
(21 March 1979 - 4 November 1988).  

3.  Further, the active duty service completed by the applicant between 24 June 1974 and 20 March 1979, periods for which DD Forms 214 were previously issued, is correctly entered as prior service in Item 12d of his final 1988 DD Form 214, and his inactive service in the DEP is correctly documented as prior inactive service in Item 12e.  Absent any evidence that the applicant is not being properly credited with completed service on the DD Form 214 in question, 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 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)                                         AR20080013308



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ABCMR Record of Proceedings (cont)                                         AR20080013308



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