IN THE CASE OF:	  

		BOARD DATE:	  22 June 2010

		DOCKET NUMBER:  AR20090020826 


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 15 (Date Entered Active Duty (AD) This Period) on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 29 October 1978 be changed to 20 March 1975 instead of 
28 April 1975.  

2.  The applicant also requests his total active Army service on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 18 May 1992 be corrected to show he completed 17 years of active service instead of 13 years.

3.  The applicant states he served in an active status 17 years not 13 years.

4.  The applicant provides copies of:

* his DD Form 214 with a separation date of 18 May 1992
* his DD Form 214 with an effective date of 29 October 1978
* eight pages from his military personnel record

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.  On 20 March 1975, the applicant enlisted in the U.S. Army Reserve Delayed Entry Program (DEP).  He was discharged from the DEP on 27 April 1975 after he had served 1 month and 8 days in the DEP.

3.  On 28 April 1975, the applicant enlisted in the Regular Army for a period of 
4 years.  On 29 October 1978, he was discharged to immediately reenlist.  He was issued a DD Form 214 that contains the following entries:

* item 9d (Effective Date) of separation shows 78 10 29 (29 October 1978)
* item 15 shows 75 04 28 (28 April 1975)
* item 18(a) (Net Active Service This Period) shows 03 06 02 (3 years
6 months and 2 days)
* item 18(d) (Prior Inactive Service) shows 00 01 08 (1 month and 
8 days)

4.  On 30 October 1978, the applicant immediately reenlisted for 6 years.  He immediately reenlisted again on 21 August 1984.  On 18 May 1992, he was discharged.  He was issued a DD Form 214 that contains following entries:

* item 12a (Date Entered AD This Period) - 78 10 30 (30 October 1978)
* item 12b (Separation Date This Period) - 92 05 18 (18 May 1992)
* item 12c (Net active Service this Period) - 13 06 19 (13 years 6 months and 19 days
* item 12d (Total Prior Active Service) - 03 06 02  (3 years 6 months and 
2 days
* item 12e (Total Prior Inactive Service) - 00 01 08 (1 month and 8 days)
* item 18 (Remarks) shows the applicant's immediate reenlistment periods as 781030-840820 and 840821-880128

5.  Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Active Army:

	a.  The effective date of separation was to be entered in item 9d.


	b.  The date the member entered active duty was to be entered in item 15.

	c.  Net service for the period covered by the DD Form 214 was entered in 
item 18(a).

	d.  Any prior inactive service was to be entered in item 18(d).

6.  Army Regulation 635-5, stated that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.  A list of reenlistment periods for which a DD Form 214 was not issued are to be listed in Item 18.

	a.  The beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued was to be entered in item 12a.	

	b.  The date of separation for this period was to be entered in item 12b.

	c.  Net service for the period covered by the DD Form 214 was computed by subtracting item 12a from item 12b and entered in item 12c.

	d.  Any prior active service was to be entered in item 12d.

	e.  Any prior inactive service was to be entered in item 12e.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 with an effective date of 29 October 1978 should show he entered AD on 20 March 1975.

2.  The applicant enlisted in DEP on 20 March 1975.  However, he did not enter AD until 28 April 1975.  The 1 month and 8 days he spent in the DEP is accounted for in item 18(d) of the DD Form 214 for the period ending 29 October 1978.  Therefore, the entry "75 04 28" in item 15 of his DD Form 214 with an effective date of 29 October 1978 is correct. 

3.  The applicant contends his total active Army service on his DD Form 214 with a separation date of 18 May 1992 should be corrected to show he completed 
17 years of active service instead of 13 years:

   a.  The entry "13 06 19" in item 12c reflects the active service completed during the period covered by the DD Form 214. 
   b.  The entry, "03 06 02" in item 12d shows his previous period of active service prior to 30 October 1978. 

   c.  The above two periods of active service added together equals the 
17 years and 21 days of active service the applicant completed.  Therefore, the entries on his DD Form 214 with a separation date of 18 May 1992 are correct.

4.  The applicant's DD Form 214 ending on 18 May 1992, item 18 also appropriately shows his immediate reenlistment periods as 781030-840820 and 840821-880128.

5.  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 that 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)                                         AR20090020826



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ABCMR Record of Proceedings (cont)                                         AR20090020826



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