IN THE CASE OF:
BOARD DATE: 6 July 2010
DOCKET NUMBER: AR20090021562
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 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1994 be corrected to show he entered active duty on 7 February 1974.
2. The applicant states he entered the Armed Forces on 7 February 1974.
3. The applicant provides a copy of his DD Form 214 for the period ending 28 February 1994 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 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 enlisted in the Regular Army on 7 February 1974 for a period of 2 years. He extended his 2-year enlistment on 27 January 1976 for a period of 3 months. On 25 March 1976, he was honorably discharged for immediate reenlistment. He reenlisted on 26 March 1976 for a period of 3 years. On 26 December 1978, he was honorably discharged for immediate reenlistment.
3. The available records do not contain a DD Form 214 covering the period 7 February 1974 through 26 December 1978.
4. The applicant reenlisted on 27 December 1978 for a period of 6 years. His enlistment contract shows he had 4 years, 10 months, and 20 days of previous military service. He remained on active duty through continuous reenlistments until he retired on 28 February 1994 in the rank of staff sergeant.
5. Item 12a of the applicant's DD Form 214 for the period ending 28 February 1994 shows the entry "78 12 27" [27 December 1978]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 4 years, 10 months, and 20 days of prior active service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation states that for item 12a, enter the beginning date of the continuous period of AD for issuance of this DD Form 214 for which a DD Form 214 was not previously issued. It also states that for item 12d (Total Prior Active Duty), enter the total amount of prior active military service less lost time, if any, from previously issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant enlisted in the Regular Army on 7 February 1974 and was discharged on 25 March 1976. He immediately reenlisted on 26 March 1976 and was discharged on 26 December 1978. Although there is no DD Form 214 for this period on file in his official military personnel file, administrative regularity is presumed. The applicant's period of prior active service is properly reflected in item 12d of his DD Form 214 for the period ending 28 February 1994. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214 for the period ending 28 February 1994.
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) AR20090021562
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ABCMR Record of Proceedings (cont) AR20090021562
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