IN THE CASE OF:	

		BOARD DATE:	  8 January 2010

		DOCKET NUMBER:  AR20090013790 


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 date of entry as 17 November 1972 instead of 9 May 1979.

2.  The applicant states that he entered the Army on 13 June 1969 and he was discharged early on 22 January 1972.  He then enlisted on 17 November 1972 and remained on active duty with no break in service until he retired on 30 September 1992.

3.  The applicant provides a copy of his DD Form 214, dated 30 September 1992, 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 was inducted into the Army of the United States (AUS) and he entered active duty on 6 June 1969.  However, he was discharged 7 days later on 12 June 1969.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 7 days of creditable active service.

3.  The applicant's records also show he enlisted in the Regular Army (RA) for a period of 3 years on 13 June 1969.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 76P (Stock Control and Accounting Specialist).  He was honorably released from active duty on 21 June 1972 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) for completion of his Reserve obligation.   The DD Form 214 he was issued shows he completed 2 year,
7 month, and 9 days of creditable active service during this period and he had
7 days of prior active service for a total of 2 years, 7 months, and 16 days of total service.

4.  The applicant's records further show he again enlisted in the RA for a period of 3 years on 17 November 1972.  He was honorably discharged on 27 August 1975.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 9 month, and 11 days of creditable active service during this period and had 2 years, 7 months, and 16 days of prior active service for a total of 5 years, 4 months, and 27 days.

5.  The applicant's records also show he reenlisted in the RA for a period of 4 years on 28 August 1975.  He was honorably discharged on 28 May 1979.  The DD Form 214 he was issued shows he completed 3 years, 9 months, and 1 day of creditable active service during this period and he had 5 years, 4 months, and 27 days of prior active service for a total of 9 years,1 month, and 28 days of total service.

6.  The applicant’s records further show he executed a 6-year reenlistment on 29 May 1979, another 6-year reenlistment on 24 August 1984, and a 4-year reenlistment on 27 October 1989.  He was honorably retired on 30 September 1992 and he was placed on the retired list in his retired rank/grade of sergeant first class (SFC)/E-7 on 1 October 1992.  The DD Form 214 he was issued shows the following entries:

	a.  item 12a (Date Entered Active Duty (AD) This Period) shows "79  05  29";

	b.  item 12b (Separation Date This Period) shows "92  09  30";

	c.  item 12c (Net Active Service This Period) shows "13  04  02"; and

	d.  item 12d (Total Prior Active Service) shows "09  01  28."

7.  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.  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 was initially inducted into the AUS on 7 June 1969 and he was discharged on 12 June 1969.  He then enlisted in the RA on 13 June 1969 and he was separated on 21 January 1972.  He again enlisted in the RA on 17 November 1972 and was discharged on 27 August 

1975.  He then reenlisted on 28 August 1975 and he was discharged on 28 May 1979.  As required by applicable regulations at the time, he was issued a separate DD Form 214 that captured each period of active service.  He completed a total of 9 years, 1 month, and 28 days from the date of induction (7 June 1969) to 28 May 1979 (date of discharge).

 2.  The evidence of record also shows he reenlisted on 29 May 1979.  He served continuously through two more reenlistments and he was honorably retired on 30 September 1992.  He completed 13 years, 4 months, and 2 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 "79  05  29," the date he reenlisted; item 12b correctly reflects the entry "92  09  30," the date he retired; item 12c correctly reflects the entry "13  04  02," the total active service from the date he reenlisted to the date he retired; and item 12d reflects an entry of "09  01  28" 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 23 years and 6 months 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 

________  ________  ________  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)                                         AR20090013790



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ABCMR Record of Proceedings (cont)                                         AR20090013790



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