IN THE CASE OF:	  

		BOARD DATE:	  13 July 2010

		DOCKET NUMBER:  AR20100000736 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to consolidate his entire service from 24 August 1967 to 31 March 1995.

2.  The applicant states he served his country for 27 years and wants his DD Form 214 do show continuing service dates.

3.  The applicant provides copies of his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge/Report of Separation from Active Duty/Certificate of Release or Discharge from Active Duty) for the period ending 12 August 1970, 28 May 1979, and 31 March 1995, respectively; and a copy of Headquarters, U.S. Army Infantry Center, Fort Benning, GA, Orders 115-00212, dated 25 April 1994.

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’s records show he enlisted in the Regular Army (RA) for a period of 3 years on 24 August 1967.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 72B (Communications Center Specialist).

3.  He was honorably released from active duty on 12 August 1970, and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  The DD Form 214 he was issued at that time shows he completed 2 years, 11 months, and 19 days of creditable active service.

4.  After a short break in service, he enlisted in the RA for a period of 6 years on 2 September 1970 and held MOS 71N (Traffic Management Coordinator).  He was honorably discharged on 26 August 1976.  The DD Form 214 he was issued shows he completed 5 years, 11 months, and 25 days of net active service during this period of enlistment and had 2 years, 11 months, and 19 days of prior active service, for a total of 8 years, 11 months, and 14 days.

5.  He executed a 3-year reenlistment in the RA on 27 August 1976 and held MOS 72E (Telecommunications Center Operator).  He was again honorably discharged on 28 May 1979 for the purpose of immediate reenlistment.  The 
DD Form 214 he was issued shows he completed 2 years, 9 months, and 2 days of active service during this period of service and had 8 years, 11 months, and 
14 days of prior active service, for a total of 11 years, 8 months, and 16 days of active service.

6.  He executed a 6-year reenlistment in the RA on 29 May 1979, followed by a 16-month extension on 9 October 1984 and a 6-year reenlistment on 30 June 1986.  He was honorably retired on 31 March 1995 and he was placed on the Retired List in the rank/grade of sergeant major (SGM)/E-9 on 1 April 1995.  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered Active Duty (AD) This Period), "79  05  29"
* Item 12b (Separation Date This Period), "95  03  31"
* Item 12c (Net Active Service This Period), "15  10  02"
* Item 12d (Total Prior Active Service), "11  08  16"

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, that item 12 shows the record of service.  Extreme care is used when completing this item since post-service benefits, final pay, retirement credit, and so forth are based on this information.  A breakdown of entries in item 12 is as follows:

	a.  Item 12a shows the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.  (emphasis added)

	b.  Item 12b shows the Soldier’s transition/separation date.

	c.  Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b, less lost time.

	d.  Item 12d, obtained from previously issued DD Forms 214, shows the total amount of prior active military service less lost time, if any.  If not applicable, enter, "00  00  00."

8.  In September 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant initially enlisted in the RA on 24 August 1967.  He was honorably discharged on 12 August 1970.  He completed 2 years, 11 months, and 19 days of creditable active military service during this period of initial enlistment and he was issued a DD Form 214 to document this period of service.

2.  He enlisted again on 2 September 1970 and he was honorably discharged on 26 August 1976.  He completed 5 years, 11 months, and 25 days of active service during this period of enlistment and he was issued a DD Form 214 that captured this period of service as well as his prior service.

3.  He reenlisted on 27 August 1976 and he was again honorably discharged on 28 May 1979 for the purpose of immediate reenlistment.  He completed 2 years, 

9 months, and 2 days of active service during this period of reenlistment and he was issued a DD Form 214 that captured this period of service as well as his prior service.

4.  He reenlisted 29 May 1979, served continuously through an extension and a reenlistment, was retired on 31 March 1995, and he was placed on the Retired List on 1 April 1995.  He completed 15 years, 10 months, and 2 days of creditable active service during the period covered by his final DD Form 214.  Item 12a of his DD Form 214, for the period ending 31 March 1995 correctly reflects the entry "79  05  29" (the date he reenlisted), item 12b correctly reflects the entry "95  03  31" (the date he was released from active duty), item 12c correctly shows the entry "15  10  02" (the total active service from the date he reenlisted to the date he was released from active duty for retirement), and item 12d reflects an entry of "11  08  16" which is the applicant's total prior active service.  When combining his net active service in item 12c to his total prior active service in item 12d, it equates to 27 years, 6 months, and 18 days of total active service.

5.  The DD Form 214 is a summary of a Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Consolidation of two or more periods of service for which a DD Form 214 was previously issued into one DD Form 214 is not authorized.  The applicant’s retirement DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.

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)                                         AR20100000736



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ABCMR Record of Proceedings (cont)                                         AR20100000736



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