IN THE CASE OF:
BOARD DATE: 1 July 2010
DOCKET NUMBER: AR20100000595
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 item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to delete "19830907-19960626" as a period of immediate reenlistment.
2. The applicant states this information should be corrected to correspond with the enlistment data contained in his service record for future employment.
3. The applicant provides a copy of his DD Form 214.
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. He enlisted in the Army for 3 years on 7 September 1983. Prior to reaching the expiration of his term of service, he reenlisted in the Army on 27 June 1986 and he remained on active duty through continuous reenlistments and extensions.
3. He was honorably retired on 30 September 2003 due to obtaining sufficient service for retirement.
4. Item 18 of the DD Form 214 he was issued shows the following dates as periods of immediate reenlistment:
* 19830907-19960626
* 19860627-19900702
* 19900703-19940421
* 19940422-19980107
* 19980108-20030930
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect an individual's service as it exists on the date of release from active duty, discharge, or retirement. It states in item 18, for Soldiers with more than one enlistment period during the time covered by this DD Form 214, enter "IMMEDIATE REENLISTMENTS THIS PERIOD" and specify dates.
DISCUSSION AND CONCLUSIONS:
1. Item 18 of the applicant's DD Form 214 incorrectly shows "19830907-19960626" as a period of immediate reenlistment.
2. Not only is this information incorrect as shown, this period of service should not have been entered in item 18 of his DD Form 214 as it was not a period of immediate reenlistment. After his initial enlistment on 7 September 1983, the applicant reenlisted in the Army on 27 June 1986 (19860627). This information is currently correctly shown in item 18 of his DD Form 214.
3. The dates "19830907-19960626" should be deleted from item 18 of his DD Form 214.
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 amending item 18 of his DD Form 214 to delete the dates "19830907-19960626."
_________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) AR20100000595
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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