IN THE CASE OF:	  

		BOARD DATE:	        14 MAY 2009

		DOCKET NUMBER:  AR20090001231 


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, in effect, that he be furnished one DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his periods of service.

2.  The applicant states that he served in the Regular Army (RA) from
4 November 1975 to 14 August 1978, 15 August 1978 to 18 May 1981, and
19 May 1981 to 31 December 1984 and that his DD Form 214 only shows that he served 6 plus years of service.  He states that he needs to correct his records to show his war time service for Department of Veterans Affairs (VA) purposes.

3.  The applicant provides, in support of his application, a copy of his DD Form 214 for the period ending 31 December 1984; and a DA Form 2139 (Military Pay Voucher), dated 15 May 1981, that show his dates of service in the Army.

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.  On 4 November 1975, the applicant enlisted in the RA in New Orleans, Louisiana, for 3 years, in the pay grade of E-1.  He successfully completed his training and was awarded military occupational specialty (MOS) 57H (terminal operations coordinator).  He was advanced through the ranks to the pay grade of E-4.

3.  On 14 August 1978, the applicant was honorably discharged, under the provisions of Army Regulation 635-200, paragraph 5-9, for the purpose of immediate reenlistment.  A DD Form 214 was issued at the time of his discharge that shows that he completed 2 years, 9 months, and 11 days of total active service this period.

4.  Accordingly, on 15 August 1978, the applicant reenlisted in the RA for 3 years.  He had completed 2 years, 9 months, and 4 days of net active service this period when he was honorably discharged on 18 May 1981 for the purpose of immediate reenlistment on 19 May 1981 for a period of 6 years.

5.  After completing 6 years, 4 months, and 17 days of net active service this period the applicant was discharged with a general, under honorable conditions discharge on 31 December 1984, under the provisions of Army Regulation
635-200 (Personnel Separations – Enlisted Personnel), chapter 13, by reason of unsatisfactory performance.

6.  The DD Form 214 that the applicant was furnished at the time of his discharge on 31 December 1984 shows that he completed 6 year, 4 months and 17 days of net active service this period and that he had 2 years, 9 months and 11 days of total prior active service, for a total of 9 years, 1 month, and 28 days of creditable active service.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, provided that a DD Form 214 would be issued when an individual was discharged for the purpose of immediate reenlistment.  However, on 1 October 1979, that regulation was changed to discontinue the issuance of a DD Form 214 when there was no separation of more than 24 hours in duration, for the purpose of immediate reenlistment.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he be furnished one DD Form 214 to show all of his periods of service.

2.  His contentions have been noted; however, there are no provisions for consolidating periods of service for which a DD Form 214 was previously issued. In accordance with the applicable regulations at the time, he was properly issued a DD Form 214 when he was discharged 14 August 1978 for the purpose of immediate reenlistment.  The pertinent regulation was subsequently changed on 1 October 1979 to discontinue the issuance of a DD Form 214 when there was no separation of more than 24 hours in duration, for the purpose of immediate reenlistment.

3.  Therefore, since there was no separation of more than 24 hours in duration between his reenlistments on 15 August 1978 and 19 May 1981, he was properly issued a single DD Form 214 to reflect both periods of enlistment.  This DD Form 214 also properly reflects that he had 2 years, 9 months and 11 days of total prior active service that covers his period of service from 4 November 1975 through 14 August 1978.

4.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20090001231



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090001231



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1