IN THE CASE OF:	  

		BOARD DATE:	        16 April 2009

		DOCKET NUMBER:  AR20080019379 


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 his correct date of entry as 10 September 1969 instead of 23 January 1978.

2.  The applicant states that his DD Form 214 shows an incorrect date of entry on active duty.

3.  The applicant provides a copy of his DD Form 214, dated 30 April 1991, 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 3 years on 2 September 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11D (Armor Reconnaissance Specialist).  He was honorably discharged on 19 April 1972 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 2 years, 7 months, and 18 days of creditable active military service.

3.  The applicant’s records also show he reenlisted in the Regular Army for a period of 6 years on 20 April 1972.  He was again honorably discharged on 22 January 1978.  The DD Form 214 he was issued shows he completed 5 years, 9 months, and 4 days of creditable active military service during this period of reenlistment and 2 years, 7 months, and "14" days of prior active service (his prior service would be adjusted in a subsequent DD Form 214), for a total of 8 years, 4 months, and 18 days.

4.  On 23 January 1978, the applicant reenlisted in the Regular Army for a period of 3 years.  He completed various assignments and executed a series of reenlistments in the Regular Army, including a 3-year reenlistment on 31 October 1980, a 6-year reenlistment on 19 September 1983, and a 4-year reenlistment on 15 September 1989.  He was honorably separated on 30 April 1991 and placed on the Retired List in his retired rank of sergeant first class on 1 May 1991.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty (AD) This Period), "78  01  23."

	b.  Item 12b (Separation Date This Period), "91  04  30."

	c.  Item 12c (Net Active Service This Period), "13  03  08."

	d.  Item 12d (Total Prior Active Service), "08  04  21."

5.  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 his or her 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.  Paragraph 2-7 states, in pertinent part, that there is no provision to issue a DD Form 214 to replace record copies or DD Forms 214 lost by Soldiers and provides for the issue of a statement of service or transcript of military record if no DD Form 214 is available.  Chapter 2 also states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item 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 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 item 18 (Remarks).

	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 evidence of record shows that the applicant initially enlisted in the Regular Army on 2 September 1969.  He was honorably discharged on 19 April 1972 for the purpose of immediate reenlistment.  He completed 2 years, 7 months, and 18 days of creditable active military service during this period of initial enlistment and was issued a DD Form 214 to document this period of service.

2.  The evidence of record shows that the applicant reenlisted on 20 April 1972 and was again honorably discharged on 22 January 1978 for the purpose of immediate reenlistment.  He completed 5 years, 9 months, and 4 days of creditable active military service during this period of reenlistment and was issued a DD Form 214 to document this period of service.

3.  The evidence of record further shows that he reenlisted on 23 January 1978, served continuously through multiple reenlistments, was honorably discharged on 30 April 1991, and was placed on the Retired List on 1 May 1991.  He completed 13 years, 3 months, and 8 days of creditable active service during this period.  Item 12a of his DD Form 214, dated 30 April 1991, correctly reflects the entry "78  01  23" (the date he reenlisted), item 12b correctly reflects the entry "91  04  30" (the date he was discharged), item 12c correctly shows the entry "13  03  08" (the total active service from the date he reenlisted to the date he was retired), and item 12d reflects an entry of "08  04  21" which is the applicant's total prior active service.  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 29 days of total active military 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.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.

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)                                         AR20080019379



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ABCMR Record of Proceedings (cont)                                         AR20080019379



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