IN THE CASE OF:
BOARD DATE: 8 April 2010
DOCKET NUMBER: AR20090017636
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 his 29 February 1996 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his first 3 years of enlistment.
2. The applicant states his current DD Form 214 does not reflect his total years of service. All of his other military records show the total 20 years of service.
3. The applicant provides a Certification of Military Service and his 29 February 1996 DD Form 214 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 27 February 1976 and was discharged on 12 February 1979 for immediate reenlistment. He was issued a DD Form 214 which shows he completed 2 years, 11 months, and 16 days of active military service during this period.
3. The applicant reenlisted on 13 February 1979 and continued to serve on active duty through a series of reenlistments until he was retired on 29 February 1996. He was issued a DD Form 214 which shows he completed 17 years and 18 days of active military service during this period.
4. Item 12d (Total Prior Active Service) of the applicant's 29 February 1996 DD Form 214 shows he completed 2 years, 11 months, and 16 days of prior active service.
5. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It directs that the total amount of prior active military service from previously issued DD Forms 214, less lost time, will be entered in item 12d.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his current DD Form 214 does not reflect his total years of service. However, the evidence of record does not substantiate his claim.
2. The applicant served in the Regular Army from 27 February 1976 to 12 February 1979 and was issued a DD Form 214 which covers this period of 2 years, 11 months, and 16 days of service.
3. The applicant reenlisted on 13 February 1979 and served on active duty until 29 February 1996 for a period of 17 years and 18 days. He was issued a DD Form 214 which also reflects his 2 years, 11 months, and 16 days of prior active service. Calculations show he served a total of 20 years of active military service.
4. Therefore, the applicant's 29 February 1996 DD Form 214 properly reflects his correct amount of active service and there is no basis for granting his request.
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) AR20090017636
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090017636
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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