IN THE CASE OF:
BOARD DATE: 27 May 2010
DOCKET NUMBER: AR20090018458
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 that item 12a (Date Entered AD This Period) of his
DD Form 214 (Certificate of Release or Discharge from Active Duty), dated
31 August 1992, be corrected to show an entry date of 12 June 1972.
2. The applicant states the entry date of his 31 August 1992 DD Form 214 is incorrect and should show he entered active duty on 12 June 1972.
3. The applicant provides his DD Forms 214 and Army Good Conduct Medal (AGCM) orders 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 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's record shows he initially enlisted in the Regular Army (RA) for
3 years and entered active duty on 12 June 1972.
3. On 15 May 1974, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows he completed 1 year, 11 months, and 4 days of active military service during the period covered by the DD Form 214 (12 June 1972-15 May 1974).
4. On 16 May 1974, the applicant reenlisted in the RA for 5 years. He continuously served through reenlistments until being honorably released from active duty for retirement, in the rank of first sergeant/E-8, on 31 August 1992.
5. The DD Form 214 issued to the applicant upon retirement shows he completed 18 years, 3 months, and 15 days of active military service during the period covered by the DD Form 214 (16 May 1974-31 August 1992). Item 12d (Total Prior Active Service) shows 1 year, 11 months, and 4 days.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The regulation states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. Chapter 2 contains item-by-item instructions for completing the DD Form 214. The regulation provides the following instructions for the items indicated:
a. Item 12a - Enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued;
b. Item 12b (Separation Date This Period) - Enter the Soldier's transition (separation) date;
c. Item 12c (Net Active Service This Period) - Enter the amount of service this period, compute by subtracting item 12a from 12b; and
d. Item 12d (Total Prior Active Service) - From previously issued DD Forms 214, enter the total amount of prior active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that item 12a of his final DD Form 214 should be corrected has been carefully considered. However, the evidence is not sufficient to support this claim.
2. By regulation, item 12a of the DD Form 214 will contain the entry date of the continuous period of active duty service for which a DD Form 214 was not previously issued. In this case, the applicant was issued a DD Form 214 when he was honorably discharged for reenlistment on 15 May 1974, which covers the 1 year, 11 month, and 4 day period of active duty service he completed from
12 June 1972 through 15 May 1974. This period of prior active service is also properly documented in item 12d of his final DD Form 214, issued on 31 August 1992.
3. In view of the facts of this case, it appears the applicant's active duty service is properly documented in the DD Forms 214 he was issued on 15 May 1974 and 31 August 1992. Therefore, there is an insufficient evidentiary basis to support granting the requested relief.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20090018458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090018458
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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