IN THE CASE OF:	  

		BOARD DATE:	       17 March 2009

		DOCKET NUMBER:  AR20080016546 


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) to show the date he entered active service as 31 January 1974 instead of 16 January 1976.

2.  The applicant states that his DD Form 214 contains an administrative error and that, due to his medical condition at the time, he was unable to recognize the error.  He also states that he served honorably and proudly for over 18 years and except for his medical condition, he would have served more.  He feels it is unjust that 2 years of his military service is not recognized by his DD Form 214.

3.  The applicant provides a copy of his DD Form 214, dated 21 October 1992; copies of his DD Forms 4 (Enlistment/Reenlistment Document), dated 13 January 1981 and 31 January 1974; a copy of his DA Form 2-1 (Personnel Qualification Record); a copy of his DA Form 873 (Certificate of Clearance and/or Security Determination), dated 21 November 1979; and a copy of his permanent orders, dated 7 April 1980, awarding him the Good Conduct Medal, in support of his request.

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 Regular Army for a period of 2 years on 31 January 1974.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 17K (Ground Surveillance Radar Crewmember).  He was honorably discharged in the rank/grade of specialist four/E-4 on 15 January 1976 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 1 year, 11 months, and 15 days of net active service during this period of enlistment.

3.  The applicant’s records further show he reenlisted in the Regular Army for a period of 5 years on 16 January 1976.  He subsequently executed a series of reenlistments in the Regular Army including a 3-year reenlistment on 13 January 1981 and two 5-year reenlistments on 23 September 1985 and 18 March 1988.  He was honorably discharged and placed on the permanent disability retirement list (PDRL) in the rank/grade of staff sergeant/E-6 by reason of physical disability on 21 October 1992.  The DD Form 214 he was issued shows the following entries:

	a.  item 12a (Date Entered Active Duty (AD) This Period) shows the entry     “76  01  16”;

	b.  item 12b (Separation Date This Period) shows the entry “92  10  21”;

	c.  item 12c (Net Active Service This Period) shows the entry “16  09  06”; and

	d.  item 12d (Total Prior Active Service) shows the entry “01  11  15.”

4.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that 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.  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:

	a.  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;

	b.  item 12b shows the Soldier’s transition date.  This date may not be the contractual date if the 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;

	c.  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; and 

	d.  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.”

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the applicant initially enlisted in the Regular Army on 31 January 1974 and was honorably discharged on 15 January 1976.  He completed 1 year, 11 months, and 15 days of creditable active military service during his initial enlistment.  This period of service is correctly documented on his DD Form 214, issued on 15 January 1976.  

2.  The evidence of record further shows that he reenlisted on 16 January 1976 and was retired on 21 October 1992.  He completed 16 years, 9 months, and 6 days during this period.  Item 12a of his DD Form 214, dated 21 October 1992, correctly reflects the entry "76  01  16" (the date he reenlisted), item 12b correctly reflects the entry "92  10  21" (the date he retired), item 12c correctly shows the entry "16  09  06" (the total active service from the date he reenlisted to the date he retired), and item 12d reflects an entry of “01  11  15” which is the applicant's total prior military service during his initial enlistment from 31 January 1974 to 15 January 1976.  When combining the applicant's net active service in item 12c to his total prior military service in item 12d, it adds up to 18 years, 8 months, and 21 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 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 periods referenced.  

4.  All of the applicant’s active duty service is properly reflected.  He has two DD Forms 214 – one for his initial period of enlistment (31 January 1974-15 January 1976), and one for the periods of his subsequent reenlistments (16 January 1976-21 October 1992).  The second DD Form 214 reflects his initial service in item 12d.  His DD Form 214 for the period ending on 21 October 1992 is correct; therefore, he is not entitled to relief with regard to the above issues.

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.



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               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)                                         AR20080016546



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ABCMR Record of Proceedings (cont)                                         AR20080016546



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