IN THE CASE OF:	  	

		BOARD DATE:	  6 October 2009

		DOCKET NUMBER:  AR20090008023 


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 basic pay entry date [sic] as 9 September 1974 instead of 16 August 1977.

2.  The applicant states, in effect, that his DD Form 214 shows an incorrect date of entry on active duty.

3.  The applicant provides a copy of his DD Form 214, dated 7 October 1985, 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 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 records show he enlisted in the Regular Army (RA) for a period of 4 years on 9 September 1974.  He completed basic combat and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout).  He was honorably discharged on 15 August 1977 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 7 days of active duty.  A copy of his DD Form 214 documenting this period of active duty is not available for review with this case.

3.  The applicant’s records also show he reenlisted in the RA for a period of 4 years on 16 August 1977.  He also executed a series of extensions and/or reenlistments in the RA, including a 4-year reenlistment on 18 May 1981 and a 
5-month extension on 20 September 1982.  He was honorably discharged on 7 October 1985 by reason of expiration of his term of service.  The DD Form 214 he was issued shows the following entries:

	a.  item 12a (Date Entered Active Duty (AD) This Period) shows "77  08  16";

	b.  item 12b (Separation Date This Period) shows "85  10  07";

	c.  item 12c (Net Active Service This Period) shows "08  01  22"; and

	d.  item 12d (Total Prior Active Service) shows "02  11  07."

4.  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.  It states, in pertinent part, that if no DD Form 214 is available, issue a statement of service or transcript of military record.  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 is extended for make-up of lost time, or retained on active duty for the convenience of the government; and

	c.  item 12c shows the amount of active service this period, computed by subtracting item 12a from 12b.  Lost time under Title 10, U.S. Code, section 972, and non-creditable time after the expiration of term of service (ETS), if any, are deducted and such time will be identified in item 18 (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."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant initially enlisted in the RA on 9 September 1974.  He was honorably discharged on 15 August 1977 for the purpose of immediate reenlistment.  He completed 2 years, 11 months, and 7 days of creditable active military service during this period of initial enlistment.  Since a copy of his DD Form 214 documenting this period of active duty is not available for review with this case, the applicant should be issued an appropriate document to record this period of active service. 

2.  The evidence of record further shows that he reenlisted on 16 August 1977.  He served continuously through a reenlistment and an extension and was honorably discharged on 7 October 1985.  He completed 8 years, 1 month, and 22 days of creditable active service during the period covered by this DD Form 214.  Item 12a of his DD Form 214 correctly reflects the entry "77  08  16," the date he reenlisted; item 12b correctly reflects the entry "85  10  07," the date he was released from active duty; item 12c correctly reflects the entry "08  01  22," the total active service from the date he reenlisted to the date he was released from active duty due to ETS; and item 12d reflects an entry of "02  11  07" which is the applicant's total prior active service.  When combining the applicant's net active service this period in item 12c to his total prior active service in item 12d, it equates to 11 years and 29 days of total creditable active service.

3.  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.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.
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 issuing the applicant an appropriate document to record his active service from 9 September 1974 to 15 August 1977.

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 correcting the applicant's his DD Form 214 to show a date of entry of 9 September 1974.



      ____________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)                                         AR20090008023



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ABCMR Record of Proceedings (cont)                                         AR20090008023



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