IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20090021723 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her previous Regular Army (RA) enlistment period from 1 October 1976 to 30 March 1980.

2.  The applicant states, in effect, per Department of Defense regulations effective in 1979, she did not receive a DD Form 214 for her first enlistment period because military personnel who were discharged for immediate reenlistment were not issued a DD Form 214.

3.  The applicant provides a copy of her DD Form 214 for the period ending 9 June 1981 and a letter from the National Personnel Records Center, dated
16 September 2009.

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 U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 21 May 1976.  She was discharged from the USAR DEP and enlisted in the RA on 1 October 1976.  She completed her initial entry training and she was awarded military occupational specialty 75D (Personnel Records Specialist).

3.  Orders 60-13, issued by Headquarters, U.S. Army Military District of Washington, Fort McNair, Washington, D.C., dated 26 March 1980, discharged the applicant from the RA, effective 30 March 1980, for the purpose of immediate reenlistment.

4.  On 31 March 1980, the applicant reenlisted in the RA for a period of 3 years as documented on her DD Form 4/1 (Enlistment/Reenlistment Document of the Armed Forces of the United States).

5.  The applicant's Official Military Personnel File (OMPF) does not contain a
DD Form 214 documenting her period of RA service from 1 October 1976 through 30 March 1980.

6.  On 9 June 1981, the applicant was discharged from the RA in accordance with Orders 162-160, issued by the U.S. Army Soldier Support Center, Fort Benjamin Harrison, IN, dated 11 June 1981.

7.  The applicant's DD Form 214 for the period ending 9 June 1981 shows in item 12 (Record of Service) the following entries in year(s), month(s) and day(s) format:

* 12a (Date Entered Active Duty this Period)			"80  03  31"
* 12b (Separation Date this Period)						"81  06  09"
* 12c (Net Active Service this Period)					"01  02  09"
* 12d (Total Prior Active Service)						"03  06  00"

8.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain an entry showing her prior enlistment period of service from 1 October 1976 through
30 March 1980.


9.  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.  Effective 
1 October 1979, DD Forms 214 were not issued to enlisted service members who are discharged for the purpose of immediate reenlistment.  It establishes standardized policy for the preparation of the DD Form 214.  It states that the purpose of a separation document is to provide the individual with documentary evidence of his or 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 or she is entitled.  Therefore, it is important that information entered is complete and accurate.  

10.  Army Regulation 635-5, in effect at the time, states:

* for item 12a, enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not previously issued
* for item 12b, enter the Soldier transition date out of the Army
* for item 12c, enter the amount of service this period, computed by subtracting item 12a from 12b
* for item 18 (Remarks), use the remarks section for entries required by HQDA for which a separate item is not available on the form and for completing entries that are too long for their blocks

11.  Army Regulation 635-5 provided new interim guidance on 16 March 1982 that stated the beginning date of the enlistment period for which a DD Form 214 was not issued would be entered in item 12a of the DD Form 214.  During subsequent regulatory revisions, the remarks section of DD Form 214 provided for enlisted Soldiers with more than one enlistment period during the time covered by their DD Form 214, to have the entry “IMMEDIATE REENLISTMENTS THIS PERIOD (specify dates)."  

DISCUSSION AND CONCLUSIONS:

1.  Based on the evidence of record in the applicant's OMPF and applicable regulations, the applicant's DD Form 214 was correctly prepared upon her separation from active duty on 9 June 1981.  Incorporated within this DD Form 214 in item 12d were 3 years and 6 months of prior active Federal service.  

2.  Shortly before the applicant's immediate reenlistment, the requirement to issue a DD Form 214 for each enlistment period was changed to only issue a DD Form 214 upon separation from active duty.  As the applicant was not separated, there was no requirement to issue her a DD Form 214 for her initial active duty enlistment period.  
3.  Interim guidance was published to add to item 18 of the DD Form 214 the inclusive dates of an enlisted Soldier's enlistment and reenlistment periods.  Therefore, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 with a separation date of 9 June 1981 to show the following in item 18:  

* Enlisted on 1 October 1976 for three (3) years
* Honorably discharged on 30 March 1980 to reenlist
* Reenlisted on 31 March 1984 for three (3) years NOTHING FOLLOWS

BOARD VOTE:

__X_____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing a DD Form 215 to add the following to item 18 of her DD Form 214:

* Enlisted on 1 October 1976 for three (3) years
* Honorably discharged on 30 March 1980 to reenlist
* Reenlisted on 31 March 1984 for three (3) years NOTHING FOLLOWS




      _______ _   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)                                         AR20090021723



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090021723



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1