BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090008005 


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 correct basic pay entry date, retirement date, and his period of service in the Republic of Vietnam.

2.  The applicant states, in effect, that his basic pay entry date is 24 April 1969 and that his retirement date is 1 December 1994.  He states his DD Form 214 with a separation date of 31 October 1994 shows that he only served 15 years, 7 months, and 2 days of active duty.  He states his correct period of active duty is 25 years, 7 months, and 2 days.  He further states that he served in Vietnam in 1970 and that this period of service is not listed on his DD Form 214.

3.  The applicant does not provide any supporting evidence in support of his application.  

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 Official Military Personnel File (OMPF) contains four DD Forms 214.  The applicant enlisted in the Regular Army (RA) on 24 April 1969.  He successfully completed basic combat and advanced individual training.  He was awarded military occupational specialty (MOS) 05C (Radio Operator).  The highest rank/grade he attained during his first period of service was sergeant (SGT)/E-5.

3.  On 29 July 1971, the applicant was honorably discharged for the purpose of immediate reenlistment.  Upon his discharge, a DD Form 214 was prepared that shows in item 22 (Statement of Service) his net active service for this period was 2 years, 3 months, and 5 days.  His foreign service was 11 months and 25 days.  Item 30 (Remarks) shows that the applicant served in the Republic of Vietnam from 19 January 1970 to 27 November 1970.

4.  On 29 June 1975, the applicant was honorably discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 that shows he served on active duty during the period “29” July 1971 to 29 June 1975.  The DD Form 214 he was issued this date shows his net active service this period as 3 years and 11 month and his prior active service as 2 years, 3 months, and 6 days, for a total period of active service of 6 years, 2 months, and 6 days.

5.  On 28 March 1979, the applicant was honorably discharged for the purpose of immediate reenlistment.  He was issued a DD Form 214 that shows this period of service was from 30 June 1975 to 28 March 1979.  The DD Form 214 he was issued this date incorrectly shows his net active service this period as 4 years,
2 months, and 20 days when in effect, it should have reflected 3 years, 8 months, and 27 days.  Additionally, his total prior active service incorrectly reflects            2 years, 1 month, and 1 day when it should have reflected 9 years, 11 months, and 5 days.

6.  On 29 March 1979 the applicant reenlisted in the RA.

7.  On 28 June 1994, the Retirement Services Officer for Fort Gordon, GA initiated and completed the applicant's DA Form 2339 (Application for Voluntary Retirement).  This form shows that the applicant's chronological statement of military service was from 24 April 1969 to 31 October 1994.  His total active federal service was 25 years, 6 months, and 7 days.


8.  On 30 June 1994, the applicant initiated his request for retirement.  In his voluntary request, he stated he had completed more than 20 years of active duty service and that he would like to retire effective 31 October 1994.  Subsequent to his request, his retirement application was approved on 12 July 1994.  The approving official stated that the applicant's retirement date would be 1 November 1994.  He further directed the applicant to comply with all mandatory retirement transition requirements, to include Survivor Benefit Plan counseling, medical examination, permissive temporary duty and ordinary leave requests, and completion of the installation clearance separation procedures established by Fort Gordon.

9.  On 12 July 1994, Orders 193-800, published by Headquarters, U.S. Army Signal Center, Fort Gordon, releasing the applicant from active duty on 31 October 1994 and placing him on the Retired List, effective 1 November  1994.  These orders further show the applicant voluntarily retired, having served 25 years, 6 months, and 7 days of active Federal service.

10.  Accordingly, the applicant was retired on 31 October 1994 and placed on the Retired List effective 1 November 1994.  He was issued a DD Form 214 for the period 29 March 1979 to 31 October 1994.  He was retired under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 12, by reason of sufficient service for retirement.

11.  Item 12 (Record of Service) of the applicant's final DD Form 214 shows the following entries in a year(s), month(s) and day(s) format:

	a.  Item 12a (Date entered active duty this period) as "1979 03 29";

	b.  Item 12b (Separation Date this Period) as "1994 10 31";

	c.  Item 12c (Net Active Service this Period) as "15 07 02";

	d.  Item 12d (Total Prior Active Service) as "09 11 05";

	e.  Item 12e (Total Prior Inactive Service) as "00 00 00"; and

	f.  Item 12f (Foreign Service) as "02 09 16."

12.  Item 18 (Remarks) shows the entry "IMMEDIATE REENLISTMENT THIS PERIOD - 19790329-19831114, 19831115-19880922."



13.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  It states that for item 12a, enter 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.

14.  Army Regulation 635-5, effective 1 October 1979, provided that DD Forms 214 would no longer be issued for enlisted Soldiers 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 date and the date that he entered active duty was on 24 April 1969.  This date is the applicant's basic pay entry date and his basic active service date.  The applicant subsequently reenlisted on 29 (or 30) July 1971, 30 June 1975, and finally on 29 March 1979 during his military career.  At the time of his first two discharges for the purpose of immediate reenlistment, a DD Form 214 was issued which covered each specific period of active service as required by regulations in effect at the time.

2.  The applicant reenlisted on 29 March 1979 and he reenlisted for two additional periods before his release from active duty for the purpose of retirement.  DD Forms 214 were not issued for these two periods based on the change to the separations regulation effective 1 October 1979.  A DD Form 214 was issued for the entire period from 29 March 1979 to 31 October 1994.  Therefore, the date entered in item 12a of the applicant's DD Form 214 for the period ending 31 October 1994 is correct as constituted.  29 March 1979 was the accurate beginning date of his active service for which a DD Form 214 was not previously issued.

3.  The applicant contends that his DD Form 214 with a separation date of 31 October 1994 does not properly account for all his active duty service periods.  Based on the regulatory guidance at the time of the applicant's initial enlistment 


and subsequent reenlistments, each DD Form 214 that was prepared shows the specific period of active duty and the cumulative prior active service.  The applicant's final DD Form 214 the period 29 March 1979 to 31 October 1994 shows his net active service this period as 15 Years, 7 months, and 2 days.   Item 12d shows his "cumulative" prior active service as 9 years, 11 months, and 5 days.  By adding his net active service this period and total prior active service his total creditable service equals 25 years, 6 months, and 7 days, which corresponds with the calculation on his DA Form 2339 and retirement orders.  Therefore, there is no basis to modify or correct the applicant's final DD Form 214 for the period ending 31 October 1994 to show any other date entered active duty this period except the date currently shown.

4.  Based on the evidence of record the applicant's DD Form 214 for the period ending 29 July 1971 correctly shows that he served in the Republic of Vietnam from 10 January 1970 to 27 November 1970.  There are no provisions of regulation to carry forward this information to subsequent DD Forms 214. Therefore, there is no basis for granting this portion of the applicant's requested relief. 

5.  There is no evidence of record and the applicant provided none to show he retired on 30 November/1 December 1994.

6.  When communicating with other Federal agencies, the applicant is encouraged to provide them with all his discharge documents.  In this specific situation, he should present the Federal agency with the four DD Forms 214 so they can ascertain any benefits that he might be entitled to based upon each specific period of service.

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)                                         AR20090008005



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ABCMR Record of Proceedings (cont)                                         AR20090008005



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