IN THE CASE OF:	

		BOARD DATE:	  27 April 2010

		DOCKET NUMBER:  AR20090017799 


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 item 9d (Effective Date) of his initial DD Form 214 (Report of Separation from Active Duty) be corrected to show 25 May 1978 instead of 20 April 1978.

2.  The applicant states he completed two consecutive enlistments and periods of active duty service.  He claims an error in the effective date shown in item 9 of his first DD Form 214 reduced his service by 1 month and 5 days.

3.  The applicant provides his 20 April 1978 and 25 May 1982 DD Forms 214 in support of the 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's official military personnel file (OMPF) includes a DD Form 4 (Enlistment/Reenlistment Document) prepared during his initial enlistment processing.  It shows the following:

	a.  He enlisted in the U.S. Army Reserve (USAR) Delayed Enlistment Program (DEP) for 6 years on 6 August 1975.

	b.  He was discharged from the USAR DEP on 24 August 1975.

	c.  He enlisted in the Regular Army (RA) for 3 years on 25 August 1975.

3.  The applicant entered active duty on 25 August 1975 and was trained in, awarded, and served in military occupational specialty 76D (Materiel Supplyman).

4.  On 14 April 1978, orders were issued directing the applicant's honorable discharge on 20 April 1978 for the purpose of immediate reenlistment and his reenlistment in the RA for 3 years on 21 April 1978.  These orders were amended in orders published on 20 April 1978, which changed the effective date of discharge and reenlistment date to 25 May 1978.  They were further amended in orders published on 9 May 1978, which changed the effective date of reenlistment to 26 May 1978.

5.  On 25 May 1978, the applicant was honorably discharged for the purpose of immediate reenlistment.  The record copy of his DD Form 214 issued at the time contains the following entries in the items indicated:

* item 9d (Effective Date) - 78  05  25
* item 15 (Date Entered Active Duty This Period) - 75  08  06
* item 18a (Net Active Service This Period) - 02  09  20
* item 18b (Prior Active Service) - 00  00  00
* item 18c (Total Active Service) - 02  09  20
* item 18d (Prior Inactive Service) - 00  00  00
* item 18e (Total Service for Pay) - 02  09  20

6.  On 26 May 1978, the applicant reenlisted and continued serving on active duty in the RA until 25 May 1982 at which time he was honorably released from active duty by reason of expiration of term of service.  The DD Form 214 he was issued at the time shows he completed a total of 6 years, 9 months, and 1 day of active duty military service.  It also contains the following entries in the items indicated:

* 
item 12c (Net Active Service This Period) - 04  00  00
* item 12d (Total Prior Active Service) - 02  09  01
* item 12e (Total Prior Inactive Service) - 00  00  19

7.  The applicant provides a DD Form 214 that shows he initially entered active duty in the RA on 6 August 1975 and was discharged on 20 April 1978.  This document is not included in the applicant's OMPF.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for completing the DD Form 214.  The instructions in effect at the time of the applicant's 25 May 1978 discharge stated the date entered in item 15 would be the date the member entered active duty for this period of service.  The instructions for item 18a stated this period would be arrived at by subtracting the date entered in item 15 from item 9 of the DD Form 214; item 18b would contain all prior active duty service performed; item 18c would be arrived at by adding items 18a and 18b; item 18d would contain all prior inactive duty service; and item 18e would be arrived at by adding 18c and 18d.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that item 9d of his initial DD Form 214 should be corrected to show 25 May 1978 instead of 20 April 1978 has been carefully considered.  Although the evidence is not sufficient to support this specific claim, there are errors in the dates recorded on the DD Form 214 in question that require correction.

2.  The DD Form 214 the applicant provides contains the date 20 April 1978 in item 9d; however, the DD Form 214 in his OMPF for this period correctly lists the date 25 May 1978 in item 9d.  Therefore, there is no error related to the entry in item 9d of the official DD Form 214 on file for this period.  A copy of the official DD Form 214 will be provided to him.

3.  The evidence of record confirms the applicant did not enter active duty until 25 August 1975; however, the official copy of the DD Form 214 in question erroneously lists the date 6 August 1975, the date he actually entered the USAR DEP, as his active duty entry date in item 15.  Therefore, it would be appropriate to correct his DD Form 214 by amending item 15 to show an active duty entry date of 25 August 1975 and to amend the entries in item 18 (Record of Service) accordingly.

BOARD VOTE:

___X____  ____X___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined 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 amending the 25 May 1978 DD Form 214 as follows:

	a.  item 15 - delete the current entry and replace it with the entry "75  08  25,"

	b.  item 18a - delete the current entry and replace it with the entry "02  09  01,"

	c.  item 18c - delete the current entry and replace it with the entry "02  09  01,"

	d.  item 18d - delete the current entry and replace it with the entry "00  00  19,"

	e.  by issuing him a correction to the DD Form 214 that reflects these changes.



      _____________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)                                         AR20090017799



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ABCMR Record of Proceedings (cont)                                         AR20090017799



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