IN THE CASE OF:	  

		BOARD DATE:	  13 April 2010


		DOCKET NUMBER:  AR20090016674 


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 the discharge date on his initial discharge document or the date he entered active duty on his second discharge document.

2.  The applicant states he requested this change on 29 March 2004, but never received a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty).

3.  The applicant provides copies of his 14 December 1971 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and 11 December 1978 DD Form 214 (Report of Separation from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  During the processing of this application, a staff member of the Army Board for Correction of Military Records (ABCMR) contacted the applicant to discuss and clarify the matter under review.  It was determined that the issue centers on the actual dates of the applicant's initial discharge and immediate reenlistment. The applicant asked that the ABCMR review his initial discharge and first reenlistment and take the appropriate action to correct his records.

2.  The applicant enlisted in the Regular Army (RA) for a period of 3 years on 
29 January 1971.

3.  A DD Form 214 shows the applicant entered active duty this period on
29 January 1971:
	a.  Item 11d (Effective Date) shows he was discharged on 14 December 1971.

   b.  Item 22 (Statement of Service) shows in:

   (1)  section a (Creditable for Basic Pay Purposes), block 1 (Net Service This Period) and block 3 (Total) he completed 1 year, 10 months, and 16 days; and

   (2)  section b (Total Active Service) he completed 1 year, 10 months, and 16 days.

4.  A DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows the applicant reenlisted in the RA for a period of 6 years on 15 December 1972:

	a.  Item 40 (Total Active Federal Service) shows 1 year, 10 months, and
16 days.

   b.  Item 49 (Prior Service) shows his date of discharge was 14 December 1972.

5.  A DD Form 215 (Correction to the DD Form 214), dated 16 April 2008, shows: 

	a.  the separation date on the DD Form 214 being corrected was 
11 December 1978.  

   b.  Item 18 (Record of Service) shows in:

   (1)  block a (Net Active Service This Period) - 5 years, 11 months, and
27 days;

		(2)  block b (Prior Active Service) - 1 year, 10 months, and 17 days;

   (3)  block c (Total Active Service) - 7 years, 10 months, and 14 days;

		(4)  block d (Prior Inactive Service) - 1 month and 9 days; and

   (5)  block e (Total Service For Pay) - 7 years, 11 months, and 22 days.


6.  ABCMR, Record of Proceedings, Docket Number AR20070000994, dated 
24 July 2007, directed the 1-day additions outlined in paragraph 5b(2) through 5b(5).  It also directed 1-day additions to the applicant's total prior active service and total prior inactive service on his 26 December 2005 DD Form 214.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's discharge on 14 December 1972, prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The purpose of a separation document is to provide the individual with documentary evidence of their military service at the time of separation.  It is important that the information entered thereon is complete and accurate as of that date.

8.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) provides guidance on the preparation of the DD Form 214.  All available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders:

   a.  Item 11d states enter date separation is accomplished.

   b.  Item 22a(1) states enter total service completed between the dates shown in items 17c and 11d.

9.  Army Regulation 635-5, in effect at the time of the applicant's discharge on
11 December 1978 states for item 15 enter the date entered active duty this period in the manner prescribed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the separation date on his 14 December 1971
DD Form 214 should be corrected to 14 December 1972 or the entry date of his 11 December 1978 DD Form 214 should be corrected to 15 December 1971.

2.  Records show the applicant enlisted in the RA on 29 January 1971 and he was discharged on 14 December 1972.  This period of active duty service equates to 1 year, 10 months, and 16 days.  Therefore, it would be appropriate to correct item 11d of his 14 December 1971 (sic) DD Form 214 to show he was discharged on 14 December 1972.



3.  Records show the applicant reenlisted in the RA on 15 December 1972 and he was discharged on 11 December 1978.  This period of active duty service equates to 5 years, 11 months, and 27 days.  There is no basis for correcting item 15 of his 11 December 1978 DD Form 214.

	a.  ABCMR Docket Number AR20070000994, dated 24 July 2007, incorrectly concluded that the applicant's prior active service was in error by 1 day.  As a result, items 18b, c, d, and e his 11 December 1978 DD Form 214 were changed to show 1 additional day.  (It is noted that this error was then carried forward to the applicant's 26 December 2005 DD Form 214.)

	b.  Despite this 1-day error in favor of the applicant, no action is being taken to correct the DD Forms 214/215 that were issued subsequent to 14 December 1972.

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:

   a.  deleting from item 11d of his 14 December 1971 (sic) DD Form 214 the entry "14 Dec 71;" and

   b.  adding to item 11d the entry "14 Dec 72."


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 his 11 December 1978
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)                                         AR20090016674



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ABCMR Record of Proceedings (cont)                                         AR20090016674



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