IN THE CASE OF:	  

		BOARD DATE:	        30 JULY 2009

		DOCKET NUMBER:  AR20090004973 


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 date of entry on active duty as 24 September 1973 and to reflect his foreign service in Korea and Germany. 

2.  The applicant states that he entered active duty on 24 September 1973 and served in Korea from 1974 to 1975.  He also served in Germany from
15 September 1978 to 23 June 1979.  

3.  The applicant provides a copy of an earlier Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 26 February 2008, 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 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 2 years on 24 September 1973.  He completed basic combat and advanced individual training and was awarded military occupational specialty 64C (Motor Transport Operator).  He subsequently served in Korea from 27 January 1974 to 24 January 1975 and he was honorably discharged on 27 July 1975 for the purpose of immediate reenlistment.  

3.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 1 year, 10 months, and 4 days of creditable active military service.  It also shows he completed 11 months and 28 days of foreign service.  Item 27 (Remarks) shows his last overseas area as Korea.

4.  The applicant’s records also show he reenlisted in the Regular Army for a period of 6 years on 28 July 1975 and he subsequently served in Germany from 18 September 1978 to 23 June 1979.  After a lengthy period of absence without leave, he was discharged on 16 October 1985.  The DD Form 214 he was issued shows the following entries:

	a.  item 12a (Date Entered Active Duty (AD) This Period) "75  07  28";

	b.  item 12b (Separation Date This Period) "85  10  16";

	c.  item 12c (Net Active Service This Period) "08  02  01"; 

	d.  item 12d (Total Prior Active Service) "01  10  04"; and

	e.  item 12f (Foreign Service) "00  00  00."

5.  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 if Soldier is extended for make-up of lost time, or was 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"; and

	e.  item 12f, obtained from the Soldier’s records, shows the period of foreign service.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant’s foreign service, the evidence of records shows the applicant served in Korea for 11 months and 28 days from 27 January 1974 to 24 January 1975 and that this period of service is correctly shown on his first DD Form 214, dated 27 July 1975.  A copy of this DD Form 214 will be provided to the applicant.

2.  The applicant also served in Germany for a period of 9 months and 6 days from 18 September 1978 to 23 June 1979 which is not shown on his last DD Form 214, dated 16 October 1985.  Therefore, he is entitled to correction of his DD Form 214 to show this period of foreign service.

3.  With respect to the applicant’s entry date, the evidence of record shows the applicant initially enlisted in the Regular Army on 24 September 1973.  He was honorably discharged on 27 July 1975 for the purpose of immediate reenlistment. He completed 1 year, 10 months, and 4 days of creditable active military service during this period of initial enlistment and he was issued a DD Form 214 to document this period of service.  Again, a copy of this DD Form 214 will be provided to him.

4.  The evidence of record further shows the applicant reenlisted, on 28 July 1975, and he was discharged on 16 October 1985.  He completed 8 years, 
2 months, and 1 day of active service during the period covered by his final DD Form 214.  Item 12a of his DD Form 214, for the period ending 16 October 1985, correctly reflects the entry "75  07  28" (the date he enlisted the second time), item 12b correctly reflects the entry "85  10  16" (the date he was separated this period), item 12c correctly shows the entry "08  02  01" (the total active service completed this period), and item 12d reflects an entry of "01  10  04" which is the applicant's total prior active service. 

5.  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.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "00  00  00" from item 12h of his DD Form 214 for the period ending 16 October 1985 and adding the entry "00  09  06."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to his entry date and the listing of his Korean service on his DD Form 214, dated 16 October 1985.




      _______ _   _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)                                         AR20090004973



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090004973



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1