IN THE CASE OF:	  

		BOARD DATE:	        3 March 2009

		DOCKET NUMBER:  AR20080014530 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows:

	a.  item 12a (Date Entered Active Duty This Period) to show "1976  10  19" instead of "1979  04  04";

	b.  item 12c (Net Active Service This Period) and item 12d (Total Prior Active Service) to show the correct entries after correction of item 12a; and

	c.  item 18 (Remarks) to show his last period of reenlistment as "23 October 1995 to 31 May 1998."

2.  The applicant states that his DD Form 214 contains administrative errors.  He entered active duty on 19 October 1976 and served honorably until 1 June 1998 without a break.  He also states that the Remarks section of his DD Form 214 indicates no reenlistments after 29 January 1992.  He adds that his DD Form 214 should be corrected because he is applying for Federal employment; he qualifies for additional veteran benefits, specifically combat-related special compensation (CRSC), and for his own family record.   

3.  The applicant provides copies of his DD Forms 214, dated 31 May 2005 and 22 April 1979, 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 records show that on 21 September 1976, he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years under the Delayed Entry Program (DEP).  He was subsequently discharged from the DEP on 18 October 1976 and enlisted in the Regular Army for a period of 3 years on 19 October 1976.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 16H (Air Defense Artillery Operations-Intelligence Assistant).

3.  The applicant's records also show he was honorably discharged in the rank/grade of specialist four (SP4)/E-4 on 22 April 1979 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 2 years, 6 months, and 4 days of net active service and 28 days of inactive service [DEP] during this period of enlistment.

4.  The applicant’s records further show he subsequently executed a series of reenlistments in the Regular Army as follows:

	a.  on 23 April 1979, he executed a 3-year reenlistment; 

	b.  on 26 January 1982, he executed a 3-year reenlistment; 

	c.  on 24 September 1984, he executed an 8-month extension;  

	d.  on 27 June 1985, he executed a 4-year reenlistment; 

	e.  on 15 December 1988, he executed a 4-year reenlistment; 

	f.  on 30 January 1992, he executed a 3-year reenlistment; and 

	g.  on 30 January 1995, he executed his final 3-year reenlistment.

5.  In March 1997, the applicant was reassigned from Korea to Fort Bragg, North Carolina.  He was assigned to Headquarters and Service Battery, 3rd Battalion, 319th Airborne Field Artillery Regiment (AFAR).

6.  In or around January 1998, the applicant submitted an application for voluntary retirement.  His request was subsequently approved and, on 9 March 1998, Headquarters, XVIII Airborne Corps, Fort Bragg, published Orders 068-288 reassigning the applicant to the U.S. Army Transition Point, Fort Bragg, for separation processing effective 31 May 1998 and placing him on the retired list in his retired rank/grade of sergeant first class (SFC)/E-7 effective 1 June 1998.

7.  The DD Form 214 he was issued on 31 May 1998 shows the following entries:

	a.  item 12a shows the entry “1979  04  23”;

	b.  item 12b shows the entry “1998  05  31”;

	c.  item 12c shows the entry “0019  01  08”;

	d.  item 12d shows the entry “0002  06  04”; and

	e.  item 18 shows the entry “Immediate reenlistments this period 19790423-19820125, 19820126-19850626, 19850627—19881214, and 19881215-19920129.” 

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that:

	a.  item 12 shows the Record of Service.  Extreme care is used when completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in Item 12 is as follows:

		(1)  item 12a shows 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).
		(2)  item 12b shows the Soldier’s transition date.  This date may not be the contractual date if Soldier is separated early, voluntarily extends, or is extended for make-up of lost time, or retained on active duty for the convenience of the Government.

		(3)  item 12c shows the amount of service this period, computed by subtracting item 12a from 12b.  Lost time under 10 USC 972 and non-creditable time after expiration of tern of service (ETS), if any, are deducted and such time will be identified in block 18. 

		(4)  item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  

	b.  item 18 is used for mandatory requirements when a separate block is not available, and as a continuation for selected entries.  For enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter “IMMEDIATE REENLISTMENTS THIS PERIOD” (specify dates). 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant initially enlisted in the Regular Army on 19 October 1976 and was honorably discharged on 22 April 1979.  He completed 2 years, 6 months, and 4 days of creditable active military service during his initial enlistment and was issued a DD Form 214 that correctly documented this period of service.  

2.  The evidence of record further shows that he reenlisted on 23 April 1979 and was separated on 31 May 1998 and placed on the retired list on 1 June 1998.  He completed 19 years, 1 month, and 8 days during this period.  Item 12a of his DD Form 214, dated 31 May 1998, correctly reflects the entry "1979  04  23" (the date he reenlisted), Item 12b correctly reflects the entry "1998 05  31" (the date he retired), Item 12c correctly shows the entry "0019  01  08" (the total active service from the date he reenlisted on 23 April 1979 to the date he retired), and Item 12d reflects the entry “0002  06  04” which is the applicant's total prior military service during his first enlistment.  When combining the applicant's net active service in Item 12c to his total prior military service in Item 12d, it adds up to 21 years, 7 months, and 12 days of total active military service. 

3.  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.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the period of his first reenlistment on 23 April 1979.  
4.  The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  In this case, the applicant's first DD Form 214 also records his service from 19 October 1976 through 22 April 1979.

5.  With respect to the applicant's reenlistments, the evidence of record shows that subsequent to his reenlistment in the Regular Army on 23 April 1979, the applicant executed a series of extensions and/or reenlistments, all of which are shown in Item 18 of his DD Form 214 except his final 3-year reenlistment on 30 January 1995.  Therefore, he is entitled to correction of his DD Form 214 to show this period of immediate reenlistment.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry “19950130-19980531” to the “Immediate Reenlistments This Period” portion of Item 18 of his DD Form 214, dated 31 May 1998.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the applicant's date entered active duty, net active service this period, and total prior active service items of his DD Form 214, dated 31 May 1998.


															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)                                         AR20080014530



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ABCMR Record of Proceedings (cont)                                         AR20080014530



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