IN THE CASE OF:
BOARD DATE: 10 December 2009
DOCKET NUMBER: AR20090011596
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 item 9d (Effective Date) of his DD Form 214 (Report of Separation from Active Duty) for the period ending 26 October 1979 be corrected to show 26 September 1979.
2. The applicant states, in effect, that his discharge date on his initial DD Form 214 is incorrect. He states that this DD Form 214 shows he was discharged on 26 October 1979 and his subsequent DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 April 1986 shows he entered active duty on 27 September 1979. He points out that the dates overlap and this error is holding up his paperwork to buy back his time to apply to his civil service retirement.
3. The applicant provides an undated letter from the Defense Finance and Accounting Service acknowledging the discrepancy with the DD Forms 214; a copy of his DD Form 214 for the period ending 26 October 1979; and a copy of his DD Form 214 for the period ending 19 April 1986 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 enlisted in the Regular Army on 1 December 1976 for a period of 3 years. He trained as a combat engineer. On 26 September 1979, he was honorably discharged for immediate reenlistment.
3. Item 9d of the applicant's DD Form 214 for the period ending 26 October 1979 shows the entry "79 10 26" [26 October 1979]. Items 18a (Net Active Service This Period) and 18c (Total Active Service) of this DD Form 214 show he completed 2 years, 10 months, and 26 days.
4. The applicant's DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) shows he reenlisted on 27 September 1979 for a period of 3 years. On 19 April 1986, the applicant was honorably discharged.
5. Item 12a (Date Entered [Active Duty] This Period) of the applicant's DD Form 214 for the period ending 19 April 1986 shows the entry "79 09 27" [27 September 1979]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he completed 2 years, 9 months, and 26 days.
6. The applicant's service personnel records contain a Certification of Military Service issued on 15 November 2001 which shows he was a member of the Regular Army from 1 December 1976 to 26 September 1979 and that he was honorably discharged for immediate reenlistment.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted on 1 December 1976 and was honorably discharged on 26 September 1979 for immediate reenlistment after completing 2 years, 9 months, and 26 days. Therefore, item 9d of his DD Form 214 for the period ending 26 October 1979 should be corrected to show the entry "79 09 26" [26 September 1979]. In addition, items 18a and 18c of this DD Form 214 should be corrected to show he completed 2 years, 9 months, and 26 days.
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:
a. deleting the entries from items 9d, 18a, and 18c of his DD Form 214 for the period ending 26 October 1979;
b. adding the entry "79 09 26" to item 9d of this DD Form 214; and
c. adding the entries "02 09 26" to items 18a and 18c of this DD Form 214.
____________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) AR20090011596
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ABCMR Record of Proceedings (cont) AR20090011596
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