IN THE CASE OF:
BOARD DATE: 13 May 2010
DOCKET NUMBER: AR20090018457
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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show that he entered active duty on 16 April 1979, not 20 November 1981.
2. The applicant states his DD Form 214 doesn't reflect the date he entered active duty. The correct date is important regarding federal employment eligibility.
3. The applicant provides a letter and his DD Form 214.
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 applicants 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 applicants 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 US Army Reserve Delayed Entry Program (DEP) for 6 years on 11 April 1979. On 15 April 1979, he was discharged from the DEP and enlisted in the Regular Army for 3 years on 16 April 1979.
3. The applicant reenlisted for 6 years on 20 November 1981, but only served until 12 October 1982 when he was discharged for unsuitability under the provisions of paragraph 13-4c(2), Army Regulation 635-200.
4. The applicant's DD Form 214, in Item 12 (Record of Service), shows the following:
* 12a (Date Entered AD This Period) (19)81 11 20
* 12b (Separation Date This Period) (19)82 10 12
* 12c (Net Active Service This Period) 00 10 01
* 12d (Total Prior Active Service) 02 07 04
* 12e (Total Prior Inactive Service) 00 00 05
* 12f (Foreign Service) 00 08 25
5. The applicant's DD Form 214 also shows in Item 18 (Remarks) immediate reenlistment this period: (19)790416-(19)811119."
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. It states the DD Form 214 is prepared for all Soldiers at the time of their discharge, retirement, or release from the Active Army. It is not prepared when a Soldier is discharged for the purpose of immediate reenlistment. At the time, the guidance for completing Item 12a was to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his initial entry date be placed in Item 12a of his DD Form 214.
2. The applicant enlisted the Army on 16 April 1979; that period of service ended on 19 November 1981 when he reenlisted. He reenlisted on 20 November 1981 and served until he was discharged on 12 October 1982.
3. By regulation, DD Forms 214 are issued upon discharge, retirement, or release from the active Army; the DD Form 214 is not issued when a period of active service ends in immediate reenlistment.
4. Based on regulatory guidance at the time, the applicant's DD Form 214 correctly shows all of his service. His first enlistment lasted 2 years, 7 months and 4 days and is reflected in Item 12d. His date of reenlistment is correctly reflected in Item 12a. His discharge date is correctly reflected in Item 12b. His second (and last) period of service is correctly shown as 10 months and 1 day in Item 12c. Furthermore, his first period of service is shown in Item 18 (Remarks).
5. There are no errors on the applicant's DD Form 214.
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) AR20090018457
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20090018457
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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