IN THE CASE OF:
BOARD DATE: 26 August 2010
DOCKET NUMBER: AR20100001249
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 that item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), effective 31 December 1995, be corrected to show 7 June 1974.
2. The applicant states he entered the Army on 7 June 1974 not 30 January 1978 as shown in item 12a of his DD Form 214.
3. The applicant provides the following in support of his application:
* DA Form 2-1 (Personnel Qualification Record- Part II), prepared on
1 November 1994
* DD Form 4 (Enlistment Contract- Armed Forces of the United States), dated 7 June 1974
* Retirement Application
* DD Forms 214, effective 2 January 1978 and 31 December 1995
* DD Form 214WS (DD Form 214 Worksheet), effective 31 December 1995
* DA Form 2A (Personnel Qualification Record-Part I), prepared on
27 February 1995
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 applicants 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 applicants 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 Official Military Personnel File (OMPF) in the (integrated Personnel Electronic Records Management System) contains enlistment contracts that show he:
* enlisted on 7 June 1974 for a period of 4 years
* reenlisted on 3 January 1978 for a period of 3 years
* reenlisted on 6 March 1981 for a period of 4 years
* reenlisted on 18 January 1985 for a period of 4 years
* reenlisted on 10 November 1988 for a period of 6 years
3. The records show he was issued a DD Form 214 for the period 7 June 1974 to 2 January 1978.
4. On 31 December 1995, he was retired and transferred to the Retired List. Item 12a of his DD Form 214 contains the entry 1978 01 30. This entry was corrected by a DD Form 215, dated 8 July 1996, to show "1978 01 03."
5. Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of retirement, discharge, or release from the Active Army.
6. Army Regulation 635-5, effective 1 October 1979, stated that effective
1 October 1979 DD Forms 214 would no longer be issued for enlisted members who were discharged for immediate reenlistment in the Regular Army and that all service would be continuous from the date the last DD Form 214 was issued. A list of reenlistment periods for which a DD Form 214 was not issued are to be listed in Item 18.
7. Army Regulation 635-5, Chapter 2 contains item-by-item preparation instructions for the DD Form 214 and the instructions for item 12a state to enter 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests the entry in item 12a of his DD Form 214, effective
31 December 1995, be corrected to show 7 June 1974.
2. The evidence of record shows he continuously served on active duty from
7 June 1974 until his retirement date; however, at the end of his first enlistment he was issued a DD Form 214 for the period from 7 June 1974 to 2 January 1978. A copy of this DD Form 214 will be provided to the applicant.
3. Effective October 1979 DD Forms 214 were no longer issued upon discharge for immediate reenlistment. Army Regulation 635-5 states when preparing the DD Form 214 enter the beginning date of the continuous period of active service for which a DD Form 214 was not previously issued. Therefore, the entry in item 12a of the applicant's 31 December 1995 DD Form 214 is correct.
4. In view of the above, his request should be denied.
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) AR20100001249
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ABCMR Record of Proceedings (cont) AR20100001249
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