IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090019384
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 item 12a (Date Entered AD (active duty) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 August 1983.
2. The applicant states item 12a should show he entered AD on 28 December 1976 and not 14 August 1980, which only reflects 3 years of service. He enlisted on 28 December 1976 and had continuous service through 13 August 1983.
3. The applicant provides copies of his DD Forms 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) and his DD Form 214 for the period ending 13 August 1983.
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 military records show he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 7 October 1976. He was discharged from the USAR DEP on 27 December 1976 and he enlisted in the Regular Army on 28 December 1976 for a period of 4 years in the rank/grade of private (PV1)/E-1. He was honorably discharged on 13 August 1980 for the purpose of immediate reenlistment. Records do not show a DD Form 214 was issued for this period of service.
3. He reenlisted in the Regular Army on 14 August 1980 for a period of 3 years in the rank/grade of sergeant (SGT)/E-5. He served continuously on active duty until he was honorably discharged on 13 August 1983 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel),
chapter 4, by reason of expiration term of service. His DD Form 214 for the period ending 13 August 1983 shows in item 12c (Net Active Service This Period) he completed 3 years of net active service this period and item 12d (Total Prior Active Service) shows he completed 3 years, 7 months, and 17 days of total prior active service.
4. Item 18 (Remarks) of his DD Form 214 shows his immediate reenlistment this period as 28 December 1976 to 13 August 1980.
5. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It stated that for:
* item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued
* item 12c, all service entered will be less time lost under Title 10, U.S. Code 972 [desertion; absence without leave; military or civilian confinement; or unable to perform duties for more than one day, as determined by competent authority]
* item 12d, same as Item 12c.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he enlisted in the USAR DEP on 7 October 1976 and he served through 27 December 1976. His first enlistment in the Regular Army was on 28 December 1976. He was discharged for the purpose of immediate reenlistment on 13 August 1980. In accordance with pertinent regulations a
DD Form 214 was not prepared to cover his first enlistment. He immediately reenlisted in the Regular Army on 14 August 1980 for 3 years and he was honorably discharged on 13 August 1983. He was provided a DD Form 214 to cover his period of service from 14 August 1980 to 13 August 1983 for a period of 3 years. This DD Form 214 also credited him with his prior active service from 28 December 1976 to 13 August 1980 (first enlistment), a period of 3 years, 7 months, and 17 days.
2. He was properly issued a DD Form 214 covering his period of service from his last and only reenlistment on 14 August 1980 through his discharge date on
13 August 1983. This DD Form 214 also properly shows his first enlistment period of 3 years, 7 months, and 17 days. Therefore, item 12a of his DD Form 214 properly shows he entered AD this period on 14 August 1980.
3. 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.
4. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20090019384
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090019384
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150001576
The applicant requests a DD Form 214 (Report of Separation from Active Duty) for his period of service from 27 April 1976 through 27 January 1980. The applicant provides: * NA Form 13038 * DD Form 214 with an effective date of 26 April 1976 * DD Form 214 with a separation date of 27 January 1983 * his discharge and reenlistment orders, dated 15 April 1976 CONSIDERATION OF EVIDENCE: 1. As such, his DD Form 214 with a separation date of 27 January 1983 should show in: * item 12a - 27 April...
ARMY | BCMR | CY2011 | 20110014692
The applicant provides his DD Form 214. Prior to 1 October 1979, DD Forms 214 were issued when a Soldier was discharged for immediate reenlistment. He completed 2 years, 9 months, and 19 days of creditable active service and he should have been issued a DD Form 214 for this period of service.
ARMY | BCMR | CY2006 | 20060010118
The applicant requests, in effect, that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show in: a. Item 18 (Remarks) of the applicant's DD Form 214 shows the entry "Item 12d: IMMEDIATE REENLISTMENTS THIS PERIOD: 760120-800221//EXTENSION OF SERVICE WAS AT THE REQUEST AND FOR THE CONVENIENCE OF THE GOVERNMENT//." Army Regulation 635-5, in effect at that time, states, in pertinent part, that all separations and immediate enlistment or reenlistments...
ARMY | BCMR | CY2013 | 20130005115
The applicant requests, in effect, a new DD Form 214 (Certificate of Release or Discharge from Active Duty) or DD Form 215 (Correction to DD Form 214) to show he was retired due to permanent disability on 13 July 1987. Under this change, item 12a shows the beginning date of the enlistment period for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5) (Enlisted members discharged for immediate reenlistment) of this regulation. Although his 1985 DD Form 214 properly...
ARMY | BCMR | CY2002 | 2002071866C070403
Paragraph 1-4b(5), states in effect, that a DD Form 214 will not be prepared for enlisted members discharged for the purpose of immediate reenlistment in the Regular Army. Based on the regulatory guidance for the preparation of the separation documents and given the applicant was not issued a DD Form 214 for his first enlistment, from 22 March 1977 through 4 February 1980, the Board concludes that several entries contained in Item 12 (Record of Service) of his 4 February 1983 DD Form 214...
ARMY | BCMR | CY2009 | 20090000045
The applicant requests, in effect, that the date he enlisted in the Army be corrected on his DD Form 214 (Certificate of Release or Discharge from Active Duty). For service involving the above period, a DD Form 215 is prepared correcting the DD Form 214 issued at time of next separation to show all military service not previously covered by the DD Form 214. Based on the evidence of record, the applicant is not entitled to a correction of his DD Form 214, with an effective date of...
ARMY | BCMR | CY2010 | 20100019997
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending on 10 July 1980, to show his total active service and awards. The evidence of record shows he was awarded the Vietnam Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 for the period ending on 10 July 1980 the: * Korea Defense Service Medal *...
ARMY | BCMR | CY2011 | 20110021583
On 18 January 1982, the applicant was discharged in absentia under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 3, as a result of court-martial. During his period of service, he was AWOL on 12 June 1977 for a period of 1 day; in military confinement from 21 April to 19 August 1980 for a period of 3 months and 29 days; and again AWOL from 3 December 1980 to his date of discharge on 18 January 1982 for a period of 1 year, 1 month, and 15...
ARMY | BCMR | CY2010 | 20100020060
The applicant requests correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 15 October 1990 to show he entered active duty on 23 November 1976. Within his iPERMS record, a DD Form 4 shows this was his third reenlistment and his total active military service was 9 years, 5 months, and 22 days with 1 month and 9 days of total inactive military service. Based on the available evidence, the applicant's date he entered active duty in the...
ARMY | BCMR | CY2010 | 20100020875
The applicant requests correction to Item 12a (Date Entered AD (active duty) This Period), 12f (Foreign Service), and 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1991. No evidence shows he served in Vietnam or performed any sea service during the period covered by the DD Form 214 from 1976 to 1991. He was properly issued a DD Form 214 at the time of his discharge from the USMC crediting him with that service.