BOARD DATE:	  8 December 2009

		DOCKET NUMBER:  AR20090011259 


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, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show she completed 24 months of continuous active duty service.  

2.  The applicant states, in effect, the Department of Veterans Affairs (VA) informed her that the DD Form 214 she received does not show she completed 24 months of continuous active duty service.   

3.  The applicant provides a VA letter and her DD Form 214 in support of her 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 record shows she initially enlisted in the Regular Army for 
3 years and entered active duty on 27 April 1979.  

3.  On 29 October 1981, the applicant was honorably discharged for the purpose of immediate reenlistment.  On 30 October 1981, she reenlisted in the RA for
3 years.  No DD Form 214 was issued documenting her service during her initial 2 years, 6 months and 3 days of active duty service from 27 April 1979 through 29 October 1981. 

4.  The applicant's record shows she was trained in, awarded and served in military occupational specialty (MOS) 64C (Motor Transport Operator).  It also shows she was promoted to specialist four (SP4) on 1 May 1981, and that this is the highest rank she attained while serving on active duty.  In addition, it shows she served in Germany from 24 February 1981 through 25 April 1984, and that she earned the following awards during her active duty tenure:  Army Service Ribbon, Army Good Conduct Medal, Army Achievement Medal, and Marksman Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.  

5.  On 11 June 1982, the applicant was honorably released from active duty (REFRAD), in the rank of SP4, after completing a total of 3 years, 1 month and 15 days of active service.  The entries in item 12 (Record of Service) of the DD form 214 issued to the applicant upon her REFRAD are as follows:  Item 12a (Date Entered Active Duty), "81 10 30"; Item 12b (Separation Date This Period),
"82 06 11"; Item 12c (Net Active Service This Period), 00 07 12"; Item 12d (Total Prior Active Service), 02 06 03"; Item 12e (Total Prior Inactive Service), 
"00 00 00"; 12f (Foreign Service) "00 07 12"; Item 12g (Sea Service), "00 00 00"; Item 12h (Effective Date of Pay Grade), "81 05 01"; and Item 12i (Reserve Obligation Termination Date), "85 04 26."  

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparing and distributing the DD Form 214 and states, in pertinent part, that 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.  It further stipulates that it is issued to active duty Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration term of service (ETS)), physical disability separation, or punitive discharge under the Uniform Code of Military Justice. 

7.  Paragraph 2-4 of the same regulation contains item-by-item preparation instructions.  The instructions for completing item 12a state to 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.  The instructions for item 12b state, in effect, to enter the Soldier's separation date.  The instructions for item 12c state that the amount of service this period is computed by subtracting item 12a from item 12b.  The instructions for item 12d state, in pertinent part, to enter the total prior active service from the previously issued DD Forms 214.  The instructions for item 18 (Remarks) state, in pertinent part, that it is mandatory to add an entry indicating if the Soldier has or has not completed the first full term of service.  Prior to the version of the regulation implemented on 15 August 1979, a DD Forms 214 was issued to enlisted Soldiers upon discharge for immediate reenlistment.  Effective 15 August 1979, DD Forms 214 were not longer issued upon reenlistment and covered the entire period of continuous active duty service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her DD Form 214 should be corrected to document her entire period of continuous active duty was carefully considered and found to have merit.  

2.  The evidence of record confirms the applicant initially enlisted in the RA for 
3 years and entered active duty on 27 April 1979, and that she continuously served on active duty through 11 June 1982.  It further confirms a DD Form 214 was not authorized and was not issued to the applicant upon her 29 October 1981 discharge for the purpose of immediate reenlistment.  

3.  In view of the facts of this case, the DD Form 214 issued to the applicant upon REFRAD on 11 June 1982, should contain the entry "1979  04  27" in item 12a, which reflects she entered the continuous period of active duty for which a DD Form 214 was not previously issued on 27 April 1979.  Item 12c should contain the entry "03  01  15," which reflects she completed 3 years, 1 month and 
15 days of active duty service during the period covered by the DD Form 214 (27 April 1979-11 June 1982), and item 12d, should contain the entry "00  00  00," which reflects she completed no prior active duty service.  The DD Form 214 should also contain the entry "Soldier Has Completed First Full Term of Service" in item 18.  


BOARD VOTE:

___x____  ___x____  ___x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending her DD Form 214 as follows:  Item 12a - delete the current entry and replace it with the entry "1979  04  29"; Item 12c - delete the current entry and replace it with the entry "03  01  15"; Item 12d - delete the current entry and replace it with the entry "00  00  00"; and Item 18 - add the entry "Soldier Has Completed First Full Term of Service"; and by issuing the applicant a new 
DD Form 214 that reflects these changes.   




      _______ _   _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)                                         AR20090011259



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ABCMR Record of Proceedings (cont)                                         AR20090011259



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