IN THE CASE OF:
BOARD DATE: 9 September 2009
DOCKET NUMBER: AR20090005464
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 that the date he entered active duty be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 January 1996.
2. The applicant states the date of 30 July 1979 is incorrect. He states he served honorably from 16 September 1969 to 1 September 1971 and from 20 December 1973 to 31 January 1996.
3. The applicant provides the following documents in support of his application: his DA Form 2339 (Application for Voluntary Retirement), dated 14 February 1995; his DA Form 2-1 (Personnel Qualification Record); his DD Form 214 for the period ending 31 January 1996; and a letter from the Department of Veterans Affairs (DVA), dated 20 February 2009.
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 was inducted into the Army of the United States on 16 September 1969 and was released from active duty on 1 September 1971. He was issued a DD Form 214 which covers this period of service. On the following day, he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).
3. The applicant enlisted in the Regular Army on 20 December 1973 and was discharged on 28 September 1976 for immediate reenlistment. He was issued a DD Form 214 which covers this period of service.
4. The applicant reenlisted in the Regular Army on 29 September 1976 and was discharged on 29 July 1979 for immediate reenlistment. He was issued a DD Form 214 which covers this period of service.
5. The applicant reenlisted on 30 July 1979 and continued to serve on active duty through a series of reenlistments until he retired on 31 January 1996. He was issued a DD Form 214 which covers his service from 30 July 1979 through 31 January 1996.
6. Item 12a (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 31 January 1996 shows he entered active duty on 30 July 1979.
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. The version in effect at the time states, in pertinent part, that a DD Form 214 will not be prepared to cover a period of service for which a previous DD Form 214 has been issued. It also states that effective 1 October 1979, DD Form 214s would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the date of 30 July 1979 is incorrect on his DD Form 214 for the period ending 31 January 1996.
2. The evidence of record shows the applicant was issued DD Forms 214 which confirm he served honorably from 16 September 1969 to 1 September 1971 and from 20 December 1973 to 31 January 1996.
3. The applicant's DD Form 214 for the period ending 31 January 1996 properly reflects the date he entered active duty as 30 July 1979 in item 12a, the date of the first day of the last immediate reenlistment (i.e., 29 September 1976 to 29 July 1979).
4. Therefore, there is no basis for correcting the date he entered active duty on his DD Form 214 for the period ending 31 January 1996. He will be provided a copy of his previous DD Forms 214.
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) AR20090005464
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ABCMR Record of Proceedings (cont) AR20090005464
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