IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080016989 


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 that the following items on his 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected:  item 12a (Dated Entered AD [active duty] This Period) to show 760420 (20 April 1976); item 12c (Net Active Service This Period) to show 100727 (10 years, 7 months, and 27 days); and item 12e (Total Prior Active Service) to show 000328 (3 months and 28 days).

2.  The applicant states he served on continuous active duty between 20 April 1976 and 16 December 1986 but never received a separation document for any of his earlier reenlistment periods.  He states he felt as long as the total period of active duty was correct it was not important for him to have separate separation documents for each period of service.  However, he now notes that the Department of Veterans Affairs will not act on his disability claim until he can produce a separation document covering his entire period of service as an enlisted Soldier in the Regular Army.

3.  The applicant provides copies of his reenlistment documents, all of which are contained in his Official Military Personnel File.

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 initially entered active duty as an enlisted Soldier in the Army National Guard.  He had one brief period of active Federal service, totaling 3 months and 28 days, while a member of the Army National Guard and that period of active service was captured on a DD Form 214 issued in July 1975.

3.  On 20 April 1976 the applicant enlisted and entered active duty as a Regular Army enlisted Soldier.  He was discharged for the purpose of immediate reenlistment on 23 October 1979, on 25 July 1982, and on 17 December 1985.  There is no indication in available files that a separation document was issued on any of those dates.

4.  On 16 December 1986 the applicant was discharged for the purpose of accepting an appointment as a warrant officer with concurrent call to active duty.  A separation document was issued which captured the applicant's period of military service between his last enlistment on 18 December 1985 and the date of separation for the purpose of returning to active duty as a warrant officer.  Hence the 16 December 1986 separation document shows the applicant entered active duty "this period" on 18 December 1985 in item 12a and item 12c shows 11 months and 29 days of net active service.  That document captured the applicant's prior military service of 9 years, 11 months, and 26 days in item 12d (Total Prior Active Service).

5.  The applicant remained on active duty until 31 May 2008 when he was separated with sufficient service for retirement.  His name was placed on the retired rolls the following day.

6.  Army Regulation 625-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation document.  In October 1979 the regulation no longer required that separation documents be issued each time an enlisted Soldier was discharged for the purpose of immediate reenlistment.  At the time the regulation provided that item 12a would reflect the first day of the last immediate reenlistment for which a DD Form 214 was not issued.  The regulation did, however, provide for the issuance of a DD Form 214 when enlisted Soldiers became commissioned or warrant officers, and who had their enlisted status terminated.
DISCUSSION AND CONCLUSIONS:

1.  There is no indication the applicant was issued a separation document prior to December 1986 when he was discharged in order to accept an appointment as a warrant officer with concurrent call to active duty.  In accordance with the regulation in effect at the time, his December 1986 DD Form 214 correctly began with 18 December 1985 (i.e., his last immediate reenlistment for which a DD Form 214 was not issued).  

2.  However, in the interest of clarity and as an exception to policy in effect at the time (and in accordance with the current guidance), it would be appropriate to correct the applicant's 1986 DD Form 214 to reflect his initial entry on active duty on 20 April 1976 vice commencing it on the date of his last reenlistment.  It would then be appropriate to also correct item 12c to capture the applicant's total period of active Federal service between 20 April 1976 and 16 December 1986, a period of 10 years, 7 months, and 27 days.  Item 12d would then be corrected to reflect the applicant's 3 months and 28 days of active duty in 1975 while a member of the United States Army National Guard.

BOARD VOTE:

___x_____  _____x___  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing in item 12a of the applicant's 16 December 1986 separation document that he entered active duty on 20 April 1976;

	b.  by showing in item 12c of that same document that the applicant had 10 years, 7 months, and 27 days of net active service during this period; and



	c.  by showing in item 12d that he had 3 months and 28 days of prior active service.



      __________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)                                         AR20080016989



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ABCMR Record of Proceedings (cont)                                         AR20080016989



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