IN THE CASE OF:
BOARD DATE: 29 October 2009
DOCKET NUMBER: AR20090008454
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, a correction of his records by issuance of a separate DD Form 214 (Certificate of Release or Discharge from Active Duty) for his first period of service which was combined with his subsequent service. He also requests correction of his net active service on his DD Form 214.
2. The applicant states, in effect, that he served a period of service for which he was given an honorable discharge as indicated by an attached discharge certificate. He states that he reenlisted for four years and he was subsequently convicted by a civil court and administratively discharged. He states that he feels he should be given credit for this initial period of honorable service. He states that he believes he should have been issued a separate DD Form 214 for the first period of service that he served honorably.
3. The applicant provides a copy of his DD Form 214 and a DD Form 256A (Honorable Discharge Certificate) in support of this 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 military records show he enlisted in the Regular Army (RA) for three years on 15 February 1977. He was awarded military occupational specialty (MOS) 11C (indirect fire infantryman).
3. The applicant's was honorably discharged on 9 December 1979 for the purpose of immediate reenlistment. He reenlisted in the RA on 10 December 1979 for four years. He was promoted to the rank/grade of sergeant (SGT)/E-5 on 6 October 1981, which is the highest rank he held during his tenure of service.
4. Records further show he was absent without leave (AWOL) from
10 September 1982 to 25 November 1982 for a period of 2 months and 16 days and in civilian confinement from 26 November 1982 to 19 July 1983, for a total of 10 months and 10 days of lost time.
5. On 19 July 1983, the applicant was discharged from active duty by reason of civilian conviction under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 14, Section II, with an under other than honorable conditions characterization of service. His DD Form 214 shows he completed 5 years, 6 months, and 25 days of net active service with
10 months and 10 days of lost time.
6. Army Regulation 635-5 is a synopsis of the Soldier's most recent period of continuous active duty service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. It
provides that, effective 1 October 1979, DD Forms 214 are not issued to enlisted service members who are discharged for immediate reenlistment.
7. Army Regulation 635-5, in effect at the time, stated that all service entered in item 12c (Net Active Service This Period) will be less time lost under Title 10, U.S. Code, section 972 and time lost after expiration of term of service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be issued a separate DD Form 214 for his first period of honorable service in 1979. He also contends that his net active serve is incorrectly calculated on his DD Form 214.
2. The applicant was honorably discharged on 9 December 1979 as evidenced by the DD Form 256A he was issued at the time of his discharge that covered his period of service from 15 February 1977 through 9 December 1979. He then reenlisted on 10 December 1979 for another term of service. However, effective 1 October 1979, the applicable Army regulation directed that DD Forms 214 were no longer authorized for issue for immediate reenlistments.
3. The entry in Item 12c of the applicant's DD Form 214 was determined by subtracting from his net active service his total lost time (e.g., AWOL and confinement). In his case his net active service was 6 years, 5 months, and
5 days. However, as a result of subtracting his total lost time of 10 months and 10 days, his adjusted net active service equals 5 years, 5 months, and 25 days, which is correctly entered on his DD Form 214.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090008454
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008454
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017105
The applicant's military personnel records contain a DD Form 214 that shows he entered active duty this period on 31 August 1982 and was discharged on 22 May 1989 under other than honorable conditions, under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 14 (Misconduct), based on civilian conviction. The evidence of record also shows that the requirement to prepare the DD Form 214 for enlisted members discharged for immediate reenlistment was...
ARMY | BCMR | CY2011 | 20110020114
On 25 April 1980, he reenlisted for a period of 3 years in the rank/grade of specialist four (SP4)/E-4. Therefore, his item 12a of his DD Form 214 should be corrected to show he entered active duty this period on 2 June 1977. Since he was not issued a separate DD Form 214 for his initial period of active duty service, item 12d of his DD Form 214 should also be corrected accordingly.
ARMY | BCMR | CY2013 | 20130006695
On 31 July 1996, he was honorably retired from the Army at the conclusion of 20 years and 1 month of service. The DD Form 214 he was issued shows the following entries: * Item 12a (Date Entered Active Duty (AD) This Period), "1979 01 02" * Item 12b (Separation Date This Period), "1996 07 31" * Item 12c (Net Active Service This Period), "17 06 29" * Item 12d (Total Prior Active Service), "02 06 01" 7. The evidence of record shows the applicant initially enlisted in the Regular Army on 1 July 1976.
ARMY | BCMR | CY2009 | 20090000045
The applicant requests, in effect, that the date he enlisted in the Army be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). For service involving the above period, a DD Form 215 is prepared correcting the DD Form 214 issued at time of next separation to show all military service not previously covered by the DD Form 214. Based on the evidence of record, the applicant is not entitled to a correction of his DD Form 214, with an effective date of...
ARMY | BCMR | CY2009 | 20090001812
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 14 February 1976 instead of 5 September 1979. Item 12a (Date Entered Active Duty (AD) This Period), "1979 09 05"; b. Item 12a of his DD Form 214, for the period ending 31 October 1997, correctly reflects the entry "1979 09 05" (the date he reenlisted), item 12b correctly reflects the entry "1997 10 31" (the date he was released from active duty),...
ARMY | BCMR | CY2008 | 20080014530
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. item 12a (Date Entered Active Duty This Period) to show "1976 10 19" instead of "1979 04 04"; b. item 12c (Net Active Service This Period) and item 12d (Total Prior Active Service) to show the correct entries after correction of item 12a; and c. item 18 (Remarks) to show his last period of reenlistment as "23 October 1995 to 31 May 1998." He completed 2 years, 6 months,...
ARMY | BCMR | CY2013 | 20130003169
The applicant requests his DD Form 214 (Report of Separation from Active Duty) with an effective date of 10 September 1979 be corrected to show his correct dates of active service. The applicant provides his: * DD Form 214 with an effective date of 10 September 1979 * General Discharge Certificate, dated 10 September 1979 CONSIDERATION OF EVIDENCE: 1. Item 9d (Effective Date) contains the entry "75 04 28" or 28 April 1975. c. Item 18a (Net Active Service This Period) contains the entry "0...
ARMY | BCMR | CY2008 | 20080018527
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 1 September 1978 instead of 9 November 1979. The DD Form 214 he was issued shows the following entries: a. item 12a (Date Entered Active Duty (AD) This Period) shows the entry 79 11 09; b. item 12b (Separation Date This Period) shows the entry 85 08 08; c. item 12c (Net Active Service This Period) shows the entry 05 09 00; and d. item 12d...
ARMY | BCMR | CY2009 | 20090013157
The applicant requests correction of item 12c (Net Active Service This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and issuance of an Honorable Discharge Certificate. In this case, the evidence of record confirms the applicant entered active duty on 29 December 1981 and was REFRAD on 11 December 1984, which is a total of 2 years, 11 months, and 13 days. The evidence of record further shows that an Honorable Discharge Certificate was mailed to the...
ARMY | BCMR | CY2011 | 20110022889
The applicant requests the following corrections of her military records: * Correct her last name on her DD Form 256A (Honorable Discharge Certificate) * Issue her a DD Form 256A for her active duty service * Award her the Army Good Conduct Medal * Add her certificates of achievement, letters of appreciation and distinguished service to her DD Form 214 (Certificate of Release or Discharge from Active Duty) * Add all other awards she is authorized based on her service 2. The applicant...