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ARMY | BCMR | CY2008 | 20080014953
Original file (20080014953.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       18 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014953 


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 Item 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 30 September 1995, be corrected to read "28 October 1971."

2.  The applicant states, in effect, that he entered active duty in the Regular Army on 28 October 1971 and served for over 23 years, with no break in service until he retired on 30 September 1995.  His DD Form 214 erroneously indicates that he entered active duty on 30 March 1979.  He requests that once the Board corrects his record that a copy of the new DD Form 214 be sent to the Department of Veterans Affairs (DVA) Regional Office in Waco, Texas.

3.  The applicant provides a copy of his DD Form 214 and a copy of NA [National Archives and Records Administration] Form 13038 (Certification of Military Service). 

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 28 October 1971 for a period of
3 years.  On 10 April 1974, he was honorably discharged for the purpose of immediate reenlistment.  A separate DD Form 214 was issued to the applicant covering this period of active duty.  

3.  On 11 April 1974, the applicant reenlisted for a period of 5 years.  On 
29 March 1979, the applicant was honorably discharged for the purpose of immediate reenlistment.  The applicant was issued a DD Form 214 covering this period of active duty.

4.  On 30 March 1979, the applicant enlisted for a period of 3 years.  The applicant's last period of continuous active duty began on this date and ended with his retirement on 30 September 1995.  The DD Form 214 covering his last period of continuous active duty is actually the third DD Form 214 the applicant was issued.  This last DD Form 214 correctly shows in Item 12d (Total Prior Active Service) all his prior active duty service (7 years, 5 months, and 2 days) covered in the previously issued DD Forms 214.  

4.  When Items 12c and 12d are summed the applicant's total active duty service totals 23 years, 11 months, and 3 days.  The applicant was issued a Certification of Military Service which shows his active duty service from 28 October 1971 through 29 March 1979.  It appears that there was no need to issue the applicant this document given that his prior DD Forms 214 were available for review.

5.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  It stated, in pertinent part, that effective
1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.  The list of reenlistment periods for which the DD Form 214 was not issued are to be listed in Item 18 (Remarks).

DISCUSSION AND CONCLUSIONS:

1.  The DD Form 214, with an effective date of 30 September 1995, issued to the applicant upon his retirement, was correctly and accurately prepared.  There is no error in this document.


2.  Given the regulations in effect at the time covering the issuance of DD Forms 214, the applicant was issued 2 previous DD Forms 214 covering his active duty service from 28 October 1971 through 29 March 1979.  A copy of the two previous DD Forms 214 will be furnished to the applicant.  

3.  Army regulations changed in 1979 and DD Forms 214 were no longer issued for immediate reenlistments.  As such, the applicant's last period of active duty, which began on 30 March 1979 and continued until his retirement, is correctly reflected in his last DD Form 214.  This DD Form 214 accurately documents the applicant's entire active duty service.

4.  The applicant has failed to show that his record is in error or that an injustice exists.  Therefore, there is no basis upon which to grant his 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.



      ________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)                                         AR20080014953



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ABCMR Record of Proceedings (cont)                                         AR20080014953



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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