IN THE CASE OF:	  

		BOARD DATE:	        12 MAY 2009

		DOCKET NUMBER:  AR20090000061 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show he completed a total of 3 years, 8 months, and 14 days of active service.  

2.  The applicant states that his DD Form 214 inaccurately shows his total period of active service.  When he shows his DD Form 214 to employers, they only give him credit for 2 years, 9 months, and 17 days of active service.  He adds that he executed a 1 year extension in the Regular Army after his 3-year enlistment was up.

3.  The applicant provides a copy of his DD Form 214, dated 14 December 1979; a copy of a letter, dated 3 December 2008, from the Department of Veterans Affairs; and a copy of a certification of military service, dated 12 June 2002, 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 14 January 1976.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71L (Administrative Specialist).  He was honorably discharged in the rank/grade of specialist four (SP4)/E-4 on 30 October 1978 for the purpose of immediate reenlistment.  He had completed 2 years, 9 months, and 17 days of creditable active service.  A copy of his DD Form 214 for this period of service is not available for review with this case; however, he was issued a certification of military service as a verification of his military service at a later date.

3.  On 31 October 1978, the applicant executed a 3-year reenlistment in the Regular Army in the rank/grade of SP4/E-4 and he was subsequently assigned to the U.S. Army Garrison, Fort Indiantown Gap, PA.  

4.  On 20 November 1979, the applicant’s immediate commander initiated separation action against the applicant under the provisions of chapter 13 of Army Regulation 635-200 (Personnel Separations) by reason of unsuitability.  

5.  On 11 December 1979, the separation authority approved the applicant’s discharge and directed the applicant be furnished a General Discharge Certificate.  

6.  The applicant’s records further show that he was discharged with a character of service of under honorable conditions (general discharge) on 14 December 1979.  Item 12 (Record of Service) on the DD Form 214 contains the following entries:

	a.  Item 12a (Date Entered Active Duty This Period) shows “78  10  31.”

	b.  Item 12b (Separation date This Period) shows “79  12  14.”

	c.  Item 12c (Net Active Service This Period) shows he completed 10 months and 27 days of creditable active service.

	d.  Item 12d (Total Prior Active Service) shows he completed 2 years, 9 months, and 17 days of prior creditable active service.


7.  On 12 June 2002, the National Personnel Records Center issued the applicant a certification of military service that captured his first period of service from 14 January 1976 to 30 October 1978.  This certification is issued in the absence of a copy of the actual Report of Separation or its equivalent.  It serves as a verification of military service and may be used for official purposes.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation provides, in pertinent part, that the purpose of the separation document is to provide Soldier’s documentary evidence of their military service. Chapter 2 of this regulation contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that 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.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214.  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.  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 the expiration term of service date, if any, are deducted and such time will be identified in block 18.  Item 12d is obtained from previously issued DD Forms 214 and shows the total amount of prior active military service less lost time, if any.  If not applicable, enter “00 00 00.”  Furthermore, paragraph 2-7 of this regulation directs that a DD Form 214 will not be issued to replace a lost DD Form 214.  If no DD Form 214 is available a statement of service or transcript of military record will be issued.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 contains an incorrect entry for his total period of service. 

2.  The evidence of record shows the applicant initially enlisted in the Regular Army on 14 January 1976 and was discharged on 30 October 1978 for the purpose of immediate reenlistment.  He completed a total of 2 years, 9 months, and 17 days of creditable active service during this period.  The DD Form 214 for this period of service is not available for review; however, the applicant was issued a certification of military service that captured his first period of service.  This certification is issued in the absence of a copy of the actual Report of Separation or its equivalent and serves as a verification of military service and may be used for official purposes.

3.  The evidence of record further shows that the applicant reenlisted on 31 October 1978 and he was discharged on 14 December 1979.  He was issued a DD Form 214 that captured his 10 months and 27 days of creditable active service during this period as well as his 2 years, 9 months, and 17 days of prior active service he completed during his initial enlistment.  The applicant's net active service in Item 12c added to his total prior military service in Item 12d equals 3 years, 8 months, and 4 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)                                         AR20090000061



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ABCMR Record of Proceedings (cont)                                         AR20090000061



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