IN THE CASE OF:	

		BOARD DATE:	21 July 2009    

		DOCKET NUMBER:  AR20090002233 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his continuous period of active duty service with the corresponding net active service he served during that period and that he did not have any prior active service.

2.  The applicant states, in effect, he was recently informed by the Georgia Army National Guard (GAARNG), Human Resource Office (HRO), that his discharge document is not filled out correctly because it does not show he served continuously on active duty from 30 August 1977 through 8 July 1984, but instead shows that his initial enlistment commitment was prior active service.  As a result, the GAARNG, HRO, cannot give him retirement credit for the period of service in question.

3.  The applicant provides, in support of his application, copies of his DD Form 214 with an effective date of 8 July 1984; State of Georgia, State Department of Defense, Atlanta, GA, letter, dated 4 February 2009; DA Form 2-1 (Personnel Qualification Record (PQR)); Headquarters, 569th Personnel Service Company (Germany), Orders 130-4, dated 9 May 1980; Headquarters, U.S. Army Intelligence and Security Command, Arlington Hall Station, Arlington, VA, Permanent Orders 6-1, dated 19 February 1981; DA Form 4980-14 (The Army Commendation Medal Certificate), dated 19 February 1981; DD Form 256A (Honorable Discharge Certificate), dated 8 May 1980; USAICS Form 174
(U.S. Army Intelligence Center and School Diploma), dated 31 March 1978; and DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 4 April 1977.
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.  A DD Form 4 shows the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years on 4 April 1977.  He was discharged from the USAR on
29 August 1977 to enlist in the Regular Army (RA) for a period of 3 years on
30 August 1977.

3.  A DD Form 4 shows the applicant reenlisted in the RA on 9 May 1980 for a period of 4 years.  In addition, a DA Form 1695 (Oath of Extension of Enlistment), dated 4 May 1982, shows the applicant extended his 4-year enlistment of 9 May 1980 in the RA to a period of 4 years and 2 months, which established his expiration term of service date as 8 July 1984.

4.  There is no indication in the available files that a separation document was issued on the date of the applicant's discharge for immediate reenlistment
(i.e., 8 May 1980)

5.  The applicant’s DD Form 214 shows he entered active duty this period on
9 May 1980 and was honorably discharged on 8 July 1984, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, based on expiration of term of service.  At the time he had completed 4 years and 2 months of net active service; 2 years, 8 months, and 9 days of total prior active service; and 4 months and 26 days of total prior inactive service.  Item 18 (Remarks) contains the entry "Nothing Follows" without any preceding entries. 

6.  In support of his application, the applicant provides the following documents.

   a.  A DD Form 4, dated 4 April 1977, and DD Form 214 with an effective date of 8 July 1984, that were previously introduced and considered in this Record of Proceedings.
   b.  A USAICS Form 174, dated 31 March 1978, that shows the applicant successfully completed the Signal Security Specialist Course for military occupational specialty 05G (Signal Security Specialist) on 31 March 1978.
   
   c.  A DD Form 256A, dated 8 May 1980, and Headquarters, 569th Personnel Service Company (Germany), Orders 130-4, dated 9 May 1980, that show the applicant was honorably discharged from the RA on 8 May 1980 and reenlisted in the RA for a period of 4 years on 9 May 1980.

   d.  Headquarters, U.S. Army Intelligence and Security Command, Arlington Hall Station, Arlington, VA, Permanent Orders 6-1, dated 19 February 1981, and DA Form 4980-14, dated 19 February 1981, that show, in pertinent part, the applicant was awarded the Army Commendation Medal for meritorious service from 12 April 1978 to 24 November 1980.

   e.  A DA Form 2-1 that, in pertinent part, documents the applicant’s military service from 4 April 1977 to 8 July 1984.

   f.  State of Georgia, State Department of Defense, Atlanta, GA, letter, dated
4 February 2009, that shows, in pertinent part, the applicant was advised by the GAARNG HRO the documentation provided by the applicant was "insufficient to give credit for retirement 'buy back' without a supporting DD [Form] 214 Certificate of Service for the period of 29 August 1977 through 8 May 1980."
   
7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), effective 1 October 1979 and in effect at the time of the applicant's discharge for his immediate reenlistment on 8 May 1980, prescribed the separation documents that must be prepared for individuals on retirement, discharge, or release from active military service.  Paragraph 1-4 provides that a DD Form 214 will be prepared for all personnel at time of retirement, discharge, or release from the Active Army, except as indicated in subparagraph b, which ended the need to prepare the DD Form 214 for enlisted members who are discharged for immediate reenlistment in the RA.

8.  Army Regulation 635-5, in effect at the time the applicant was honorably discharged on 8 July 1984, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the DD Form 214 will be the PQR, Officer Record Brief, enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket, or any other document authorized for filing in the Official Military Personnel File.

9.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time the applicant was discharged, contains item-by-item instructions for completing the DD Form 214.  The instructions for item 12 (Record of Service) state to use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based upon the information contained therein.

   a.  Block a (Date Entered AD This Period) states to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5).

   b.  Block b (Separation Date This Period) states, "self-explanatory."

   c.  Block c (Net Active Service This Period) and block d (Total Prior Active Service) state that all service entered will be less time lost under Title 10, U.S. Code, section 972, and time lost after expiration term of service.

   d.  Item 18 (Remarks) states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available on the form and for completing entries that are too long for their blocks.  When completing a long entry, place the item number before the rest of the comment.  It also states, in pertinent part, to enter a list of enlistment periods for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5), which provides that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA.  The instructions provide an example entry (i.e., "immediate reenlistments this period:  761210-791001; 791002-821001").

10.  Army Regulation 635-5, the version currently in effect, states that 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, will be entered in Block 12a.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 with an effective date of 8 July 1984 should be corrected to show his continuous period of active duty service with the corresponding net active service he served during that period, and that he did not have any prior active service.

2.  The evidence of record shows that the Separation Documents regulation, in effect at the time of the applicant's discharge for immediate reenlistment on
8 May 1980, eliminated the requirement to prepare the DD Form 214 for enlisted members who were discharged for immediate reenlistment in the RA.  In this regard, the fact that the applicant’s military personnel records are absent any evidence that he was issued a DD Form 214 for the period of active duty from
30 August 1977 through 8 May 1980 demonstrates compliance with the Army regulatory guidance in effect at that time.

3.  In accordance with the regulation in effect at the time, his DD Form 214 correctly began with 9 May 1980 (i.e., his last immediate reenlistment (emphasis added) for which a DD Form 214 was not issued).

4.  Records show the applicant was issued a DD Form 214 for the period 9 May 1980 through 8 July 1984 that, in pertinent part, documented that he completed 4 years and 2 months of net active service this period and 2 years, 8 months, and 9 days of total prior active service.
   
   a.  A service computation for the period from 9 May 1980 through 8 July 1984 confirms that it equates to 4 years and 2 months of active service.  It is noted that this period of active service is properly recorded as the applicant’s net active service this period in item 12, block c, of the DD Form 214.

   b.  A service computation for the period from 30 August 1977 through 8 May 1980 confirms that it equates to 2 years, 8 month, and 9 days of active service.  It is noted that this period of active service is properly recorded as the applicant’s total prior active service in item 12, block d, of the DD Form 214.

   c.  A service computation for the period from 30 August 1977 through 8 July 1984 confirms that it equates to 6 years, 10 months, and 9 days of total active service.

5.  Thus, records confirm that item 12 of the applicant's DD Form 214 is properly completed.  However, in the interest of clarity and as an exception to policy in effect at the time (and in accordance with the current guidance), it would be appropriate to correct the applicant's DD Form 214 to reflect his initial entry on active duty on 30 August 1977 vice commencing it on the date of his last reenlistment.  It would then be appropriate to also correct item 12, block c, to capture the applicant's total period of active Federal service between 30 August 1977 and 8 July 1984, a period of 6 years, 10 months, and 9 days.  Item 12, block d, would then be corrected to reflect that he had no (zero) prior active service.

BOARD VOTE:

____X____  ___X_____  _____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 12 of his DD Form 214 by:

   a.  deleting from block a the entry "80  05  09" and adding to block a the entry "77  08  30";

   b.  deleting from block c the entry "04  02  00" and adding to block c the entry "06  10  09";

   c.  deleting from block d the entry "02  08  09" and adding to block d the entry "00  00  00"; and

   d.  adding to item 18 the entry "IMMEDIATE REENLISTMENTS THIS PERIOD - 770830-800508; 800509-840708//NOTHING FOLLOWS."




      _______ _   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)                                         AR20090002233



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ABCMR Record of Proceedings (cont)                                         AR20090002233



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