IN THE CASE OF:	

		BOARD DATE:	  13 April 2010

		DOCKET NUMBER:  AR20090017412 


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 item 12a (Date Entered AD [Active Duty] This Period), 12c (Net Active Service This Period), and 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states:

* item 12a on his DD Form 214 should show 24 August 1972
* item 12c on his DD Form 214 should show 20 years and 7 days
* this issue was brought to his attention by the Department of Veterans Affairs (DVA)
* he believes it was a clerical error made during the processing of the DD Form 214

3.  The applicant provides a DA Form 2339 (Application for Voluntary Retirement).

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 24 August 1972 for a period of 3 years.  On 26 September 1974, he was honorably discharged for immediate reenlistment.  He reenlisted on 27 September 1974 for a period of 4 years.  He extended his enlistment to 4 years and 9 months on 24 June 1976.  On 29 April 1979, he was honorably discharged for immediate reenlistment.

3.  The available records do not contain a DD Form 214 (Report of Transfer or Discharge) covering the period 24 August 1972 to 29 April 1979 (total of 6 years, 8 months, and 6 days).  However, the applicant's records contain a Certification of Military Service for the period 24 August 1972 to 29 April 1979 which was issued on 16 October 2009.  This document states, "This Certification of Military Service was issued in the absence of a copy of the actual Report of Separation or its equivalent.  This document serves as verification of military service and may be used for any official purpose."

4.  On 30 April 1979, the applicant reenlisted.  He remained on active duty through continuous reenlistments until he retired on 31 August 1992 by reason of length of service for retirement in the rank of sergeant first class.

5.  Item 12a of the applicant's DD Form 214 for the period ending 31 August 1992 shows the entry, "79 04 30" [30 April 1979].  Item 12c of this DD Form 214 shows he served 13 years, 4 months, and 1 day of net active service this period.  Item 12d of this DD Form 214 shows he had 6 years, 8 months, and 6 days of prior active service.

6.  In support of his claim, the applicant provided a DA Form 2339 which shows he completed 20 years and 7 days of enlisted service in the Regular Army from 24 August 1972 to 1 September 1992.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation states, in pertinent part, that the purpose of a separation document is 

to provide the individual with documentary evidence of his/her military service.  It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled.  Therefore, it is important that information entered is complete and accurate.  The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added).  It states for item 12c, enter the amount of service this period by subtracting item 12a from 12b (Separation Date This Period).  It also states that for item 12d, from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant enlisted in the Regular Army on 
24 August 1972, which is properly reflected on his Certification of Military Service issued in the absence of a copy of the actual Report of Separation or its equivalent.  He entered into a continuous period of Regular Army service beginning on 30 April 1979, which is properly reflected in item 12a of his DD Form 214.  He served 13 years, 4 months, and 1 day of net active service from 30 April 1979 to 31 August 1992, which is properly reflected in item 12c of his
DD Form 214.  Additionally, his period of prior active service (24 August 1972 through 29 April 1979) is properly reflected in item 12d on his DD Form 214.  Therefore, there is no basis for granting the applicant’s requested relief.

2.  Items 12c and 12d combined on the applicant's DD Form 214 shows he served a total of 20 years and 7 days of active duty service.

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)                                         AR20090017412



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017412



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1