IN THE CASE OF:	  

		BOARD DATE:	  6 July 2010

		DOCKET NUMBER:  AR20100000044 


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 of his records to reflect all of his military service.  

2.  The applicant states, in effect, that he enlisted in the Regular Army on 14 January 1976 and he served until he was honorably discharged on 27 March 1986.  However, there is no separation document that reflects his service from
20 December 1978 to 27 May 1980.

3.  The applicant provides a copy of electronic mail (email) from his employer, a copy of his DD Form 214 (Report of Separation from Active Duty) for the period ending 19 December 1978, a copy of his DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 27 March 1986, copies of his enlisted evaluation reports, a copy of his diploma from a military school in August 1979, and a copy of an Army Commendation Medal order.

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 (RA) on 14 January 1976 for a period of 3 years, training as a field wireman, and assignment to Europe.  On
19 December 1978, he was honorably discharged for the purpose of immediate reenlistment.  Item 18a (Net Active Service This Period) shows he completed
2 years, 11 months, and 6 days of active service this period.

3.  On 20 December 1978, he reenlisted for a period of 3 years.  On
27 May 1980, he was again discharged for the purpose of immediate reenlistment to fulfill his overseas assignment.  He completed 1 year, 5 months, and 8 days of active service this period.

4.  On 28 May 1980, he reenlisted for a period of 6 years.  He remained on active duty through another reenlistment and continued to serve until he was honorably discharged in the pay grade of E-6 on 27 March 1986 by reason of expiration term of service - fiscal year 1986 early release program.  His DD Form 214 issued at the time of his discharge reflects in item 12a (Date Entered AD [Active Duty] This Period) that he entered AD this period on 28 May 1980.  Item 12d (Total Prior Active Service) shows he completed 4 years, 4 months, and 15 days of prior active service that accounts for his two prior terms of service.

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.  Effective 1 October 1979, the regulation was changed to direct that a DD Form 214 would not be prepared for enlisted members discharged for immediate reenlistment in the RA.  It also 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 12d, enter all service, less time lost under Title 10, U.S. Code, section 972 and time lost after expiration of term of service
* item 18 (Remarks), enter a list of enlistment periods for which a DD Form 214 was not issued.  Example: Immediate reenlistments this period:  761210-791001; 791002–821001


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DD Form 214 does not reflect all of his service has been noted and appears to have partial merit.  While it appears that his total service performed has not been accounted for, item 12a of his DD Form 214 for the period ending 27 March 1986 correctly reflects the date 28 May 1980.

2.  The applicant reenlisted on 20 December 1978 and during the period of that reenlistment, the regulation changed and a DD Form 214 was no longer authorized for immediate reenlistments.  Accordingly, he was not issued a DD Form 214 when he reenlisted on 28 May 1980.  However, his DD Form 214 for the period ending 27 March 1986 shows he completed a total of 4 years,
4 months, and 15 days of prior active service which accounts for the following periods:

* 14 January 1976 - 19 December 1978 for 2 years, 11 months, and 6 days
* 20 December 1978 - 27 May 1980 for 1 year, 5 months, and 9 days

3.  However, Army Regulation 635-5 required that an entry would be made in item 18 to show enlistment periods for which a DD Form 214 was not issued.  Therefore, it would be appropriate to add his period of reenlistment from
20 December 1978 - 27 May 1980 in item 18 of his DD Form 214 for the period ending 27 March 1986. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 for the period ending 27 March 1986 the entry "IMMEDIATE REENLISTMENTS THIS PERIOD 19781220 - 19800527."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains issuing a DD Form 214 for the period 20 December 1978 - 27 May 1980.



      ___________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)                                         AR20100000044



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ABCMR Record of Proceedings (cont)                                         AR20100000044



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