IN THE CASE OF:	  

		BOARD DATE:	  5 May 2009

		DOCKET NUMBER:  AR20090001812 


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 14 February 1976 instead of 5 September 1979.

2.  The applicant states, in effect, 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 31 October 1997; and a copy of Orders 129-0001, issued by Headquarters, I Corps, Fort Lewis, WA, dated 9 May 1997, 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 4 years on 14 February 1976.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember).  He was honorably discharged on 4 September 1979 for the purpose of immediate reenlistment.  The DD Form 214 (Report of Separation from Active Duty) he was issued at that time shows he completed 3 years,
6 months, and 21 days of creditable active military service.

3.  The applicant’s records also show he reenlisted in the Regular Army for a period of 3 years on 5 September 1979.  He also executed a series of extensions and/or reenlistments in the Regular Army, including a 3-year reenlistment on 7 June 1982, two 6-year reenlistments on 20 March 1984 and 17 August 1989, a 4-year reenlistment on 12 February 1992, a 3-year reenlistment on 4 November 1994, and a 4-month extension on 25 November 1996.  He was honorably released from active duty on 31 October 1997 and transferred to the U.S. Army Reserve (USAR) Control Group (Retired).  He was placed on the Retired List in the rank/grade of sergeant first class (SFC)/E-7 on 1 November 1997.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty (AD) This Period), "1979  09  05";

	b.  Item 12b (Separation Date This Period), "1997  10  31";

	c.  Item 12c (Net Active Service This Period), "0018  01  26"; and

	d.  Item 12d (Total Prior Active Service), "0003  06  21."

4.  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.  Chapter 2 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.  (emphasis added)

	b.  Item 12b shows the Soldier’s transition date.  This date may not be the contractual date if the 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 expiration of term of service (ETS), if any, are deducted and such time will be identified in item18 (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 14 February 1976.  He was honorably discharged on 4 September 1979 for the purpose of immediate reenlistment.  He completed 3 years, 6 months, and 21 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 further shows that he reenlisted on 5 September 1979, served continuously through multiple reenlistments, was honorably released from active duty on 31 October 1997, and was placed on the Retired List on 1 November 1997.  He completed 18 years, 1 month, and 26 days of creditable active service during the period covered by his final DD Form 214.  Item 12a of his DD Form 214, for the period ending 31 October 1997, correctly reflects the entry "1979  09  05" (the date he reenlisted), item 12b correctly reflects the entry "1997  10  31" (the date he was released from active duty), item 12c correctly shows the entry "0018  01  26" (the total active service from the date he reenlisted to the date he was released from active duty for retirement), and item 12d reflects an entry of "0003  06  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 equates to 21 years, 8 months, and 17 days of total creditable active service.

3.  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.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20090001812



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ABCMR Record of Proceedings (cont)                                         AR20090001812



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