IN THE CASE OF:	  

		BOARD DATE:	       6 January 2009

		DOCKET NUMBER:  AR20080016147 


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) for the period ending 31 July 1993 to show his rank/grade as that of sergeant (SGT)/E-5 instead of specialist (SPC)/E-4 and the date entered active duty as May 1973 instead of 18 August 1978. 

2.  The applicant states that his rank/grade and the date entered active duty are listed incorrectly on his DD Form 214. 

3.  The applicant provides a copy of his DD Form 214, dated 31 July 1993, 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 he enlisted in the U.S. Army Reserve for a period of 6 years under the Delayed Entry Program (DEP) on 29 March 1973.  He subsequently enlisted in the Regular Army (RA) for a period of 2 years on 3 July 1973 in the rank/grade of private (PVT)/E-1.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  He attained the rank/grade of specialist four (SP4)/E-4 and was honorably discharged on 28 April 1975 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 1 year, 9 months, and 26 days of creditable military service during this period of enlistment.

3.  The applicant’s records further show he reenlisted in the RA for a period of 3 years on 29 April 1975 and was again honorably discharged in the rank/grade of SP4/E-4 on 30 January 1978 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 2 years, 9 months, and 2 days of creditable military service during this period of reenlistment.  

4.  The applicant’s records also show he reenlisted in the RA for a period of 3 years on 31 January 1978 and was honorably discharged in the rank/grade of SP4/E-4 on 17 August 1978 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 6 months and 18 days of creditable military service during this period of reenlistment. 

5.  On 18 August 1978, the applicant reenlisted in the RA for a period of 4 years. He was promoted to SGT/E-5 on 10 September 1978 and subsequently executed a series of extensions and/or reenlistments in the RA.

6.  On 5 April 1990, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the Uniformed Code of Military Justice (UCMJ) for being derelict in the performance of his duties, on or about 12 February 1990.  His punishment consisted of forfeiture of $348.00 pay (suspended for 6 months).

7.  On 8 September 1990, the applicant’s immediate commander initiated a Bar to Reenlistment Certificate against the applicant citing his prior nonjudicial punishment, two instances of dishonored checks, and an extensive history of counseling.  

8.  On 30 November 1990, Department of the Army, U.S. Army Enlistment Eligibility Activity, St. Louis, Missouri, approved the applicant’s bar to reenlistment.


9.  On 19 July 1991, the applicant accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ for willfully and wrongfully damaging by breaking off the windshield wiper and scratching with a knife the hood of a truck.  His punishment consisted of reduction to SPC/E-4 and 45 days of restriction.

10.  There is no indication in the applicant’s records that he was promoted back to SGT/E-5 subsequent to his reduction.

11.  On 31 July 1993, the applicant was honorably separated and placed on the Retired List effective 1 August 1993.  He was credited with 20 years and 28 days of active duty service.  The DD Form 214 he was issued shows the following entries:

	a.  Items 4a (Grade, Rate or Rank) and 4b (Pay Grade) show the entries SPC and E-4; 

	b.  Item 12a (Date Entered Active Duty (AD) This Period) shows the entry 18 August 1978; 

	c.  Item 12c (Net Active Service This Period) shows the entry “14  11  13”; and 

	d.  Item 12d (Total Prior Active Service) shows the entry 5 years, 1 month, and 17 days. 

12.  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 Items 4a and 4b show the active duty rank and pay grade at time of the Soldier's separation, from the Soldier’s promotion/reduction orders; and 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.

		(2)  Item 12b shows the Soldier’s transition date.  

		(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 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.  If not applicable, enter “00 00 00.”

		(5)  Item 12e, obtained from previously issued DD Forms 214 and/or the Soldier’s records, shows the total amount of prior inactive service, less lost time, if any.  DEP time that began on or after 1 Jan 85 is not creditable service for pay purposes and will not be entered in this block.  However, it is creditable service for completing the statutory MSO, and will be entered in block 18.

		(6)  Item 12h, obtained from the most recent promotion order (or reduction instrument), shows the effective date of promotion to the current pay grade.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 for the period ending 31 July 1993 should be corrected to show his SGT/E-5 rank/grade and May 1973 entry date.  

2.  The evidence of record shows that the applicant enlisted in the DEP on 29 March 1973.  After completing 3 months and 4 days of inactive service, he enlisted in the RA on 3 July 1973.  He completed 1 year, 9 months, and 26 days of creditable military service.  He then reenlisted on 29 April 1975 and completed 2 years, 9 months, and 2 days of creditable military service during this period of reenlistment.  He again reenlisted on 31 January 1978 and completed 6 months and 18 days of creditable military service during this period of reenlistment.  Altogether, he completed 5 years, 1 month, and 15 days of active service.  At the time, a separate DD Form 214 was issued for each period of service.

3.  The evidence of record also shows the applicant reenlisted in the RA on 18 August 1978 and after a series of extensions and/or reenlistments, he was separated on 31 July 1993.  Items 12a and 12 b of his last DD Form 214 correctly show the dates of entry and separation.  Furthermore, Item 12d also correctly shows his 5 years, 1 month, and 15 days of prior service.

4.  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 is understandable that combining the applicant's separation documents into a single document covering his entire period of service would provide an easier-to-work-with document.  However, there are no provisions authorizing such a consolidation.  Furthermore, it is important to be able to distinguish each period of service for the purpose of determining various benefits or entitlements resulting from such service.  Therefore, the applicant is not entitled to relief on this issue.

5.  With respect to his rank/grade, the evidence of record shows that the applicant was reduced to SPC/E-4 as a result of accepting nonjudicial punishment on 19 July 1991.  There is no evidence in the available record and the applicant did not provide any evidence that shows he was promoted to SGT/E-5 subsequent to his reduction and prior to his retirement.  Therefore, the entries in Items 4a, 4b, and 12h are correct and require no further correction.

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)                                         AR20080016147





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080016147



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1