IN THE CASE OF:
BOARD DATE: 27 May 2009
DOCKET NUMBER: AR20090002158
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 the date he entered active duty (AD) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 1995 be changed to 25 October 1976. He also requests the number of his dependents be changed from five to two.
2. The applicant states he entered active duty on 25 October 1976. He also states he has been trying to change the number of dependents since 2005.
3. The applicant provides, in support of his application, copies of his
DD Form 214 with a separation date of 30 June 1995 and a statement of service, dated 22 March 1995, from Detachment B, 55th Personnel Services Battalion, APO AE 09096.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant is requesting a change in the number of his dependents. There are no entries on the DD Form 214 relating to the number of dependents for a Soldier. He did not specify what document or record he considers to be in error. Therefore, the issue of dependents is not discussed further in this case.
3. The applicant's military personnel records show he enlisted in the Regular Army on 26 October 1976 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 72E (Telecommunications Center Specialist).
4. On 10 May 1979, the applicant was discharged to immediately reenlist on
11 May 1979.
5. The applicant was issued a DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 May 1979 that covered his period of active service from 26 October 1976 to 10 May 1979.
6. The applicant reenlisted on 11 May 1979, on 24 February 1982, on
15 January 1985, and on 10 April 1987.
7. On 30 June 1995, the applicant was released from active duty by reason of early retirement and placed on the Retired List the following day.
8. The applicant was issued a DD Form 214 for the period of active service from
11 May 1979 to 30 June 1995. Item 12a (Date entered AD This Period) contains the entry 1979 05 11 (1979 May 11).
9. Army Regulation 635-5 (Separation Documents), effective 10 February 1978, provided that a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from the active Army.
10. Army Regulation 635-5, effective 1 October 1979, provided that effective 1 October 1979 DD Forms 214 would no longer be issued for enlisted members who are discharged for immediate reenlistments in the Regular Army and that all service would be continuous from the date the last DD Form 214 was issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's initial enlistment covered the period from 26 October 1976 to
10 May 1979. At the time of his discharge and immediate reenlistment a
DD Form 214 was issued covering that period of active service.
2. The applicant reenlisted on 11 May 1979 and was subsequently discharged for the purpose of immediate reenlistment three additional times before his release from active duty for retirement. DD Forms 214 were not issued for the subsequent discharges based on the change to the regulation effective
1 October 1979. A DD Form 214 was issued for the entire period from 11 May 1979 to 30 June 1995. Therefore, the date entered in item 12a of the applicant's DD Form 214 with an effective date of 30 June 1995 is correct.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
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) AR20090002158
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ABCMR Record of Proceedings (cont) AR20090002158
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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