IN THE CASE OF:	  

		BOARD DATE:	         19 May 2009 

		DOCKET NUMBER:   AR20090000706 


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 item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 February 2002 be corrected to show he entered active duty on 25 August 1975. 

2.  The applicant states that the date he entered active duty on his DD Form 214 for the period ending 21 February 2002 is incorrect.  He contends that the correct date is 25 August 1975.  He also states that he was medically discharged from a military hospital and sent directly to a civilian hospital where he remained for over three months and that he did not out-process at Fort Bragg to ensure the information on his DD Form 214 was correct.  He indicates that he never noticed the incorrect dates on his DD Form 214 until recently when he received a letter from the Department of Veterans Affairs (DVA).

3.  The applicant provides a DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), retirement orders, a Personnel Qualification Record, an U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points, a Defense Finance and Accounting Service Military Leave and Earnings Statement, DVA documentation, a DD Form 215 (Correction to DD Form 214), and a copy of his DD Form 214 for the period ending 21 February 2002 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 enlisted in the U.S. Army Reserve (USAR) on 25 August 1975 for a period of 6 years.  He was discharged from the USAR on 28 August 1975 and he enlisted in the Regular Army (RA) on 29 August 1975 for a period of
3 years.  On 19 August 1979, he was honorably discharged for the purpose of immediate reenlistment.

3.  Item 15 (Date Entered Active Duty This Period) on the applicant's DD Form 214 (Report of Separation from Active Duty) for the period ending 
19 August 1979 shows the entry, "75 08 29" [29 August 1975].  This DD Form 214 shows he had 4 days of prior inactive service (i.e., his USAR service). 

4.  On 20 August 1979, the applicant reenlisted.  He remained on active duty through continuous reenlistments until he was released from active duty on 
21 February 2002 and placed on the Temporary Disability Retired List the following day.  

5.  Item 12a on the applicant's DD Form 214 for the period ending 21 February 2002 shows the entry, "1979 08 20" [20 August 1979].  Item 12d (Total Prior Active Service) on this DD Form 214 shows he had 3 years, 11 months, and 
21 days of prior active service.

6.  In support of his claim, the applicant provided, among various documents, a Defense Finance and Accounting Service Military Leave and Earnings Statement for the period 1-31 October 2001 which shows his pay date is 25 August 1975.  He also provided a Personnel Qualification Record, Part I which shows the entry "750829" in the service data section.   



7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added).  It also states that for item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant enlisted in the USAR on 25 August 1975 and he enlisted in the RA on 29 August 1975, data which is properly reflected on his DD Form 214 for the period ending 19 August 1979.  He entered into a continuous period of RA service beginning on 20 August 1979.  Additionally, his period of prior active service (3 years, 11 months, and 21 days) is properly reflected in item 12d on his DD Form 214 for the period ending 21 February 2002.  Therefore, there is no basis for granting the applicant’s request to amend item 12a of his DD Form 214 for the period ending 21 February 2002.

2.  A copy of the DD Form 214 for the period ending 19 August 1979 will be provided to the applicant.

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.



      __________X_____________
               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)                                         AR20090000706



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ABCMR Record of Proceedings (cont)                                         AR20090000706



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