IN THE CASE OF:	  

		BOARD DATE:	  10 August 2010

		DOCKET NUMBER:  AR20100006947 


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 show his entry date as 1 November 1977 instead of 17 October 1979.

2.  The applicant states his DD Form 214 is in error and he would like it corrected for personal reasons.  He was stationed at Fort Leonard Wood, MO, in 1977 undergoing one station unit training and his records should confirm this information.

3.  The applicant provides a copy of his DD Form 214, dated 11 February 1988.

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 2 December 1977.  He completed basic combat and advanced individual training at Fort Leonard Wood, MO, and was awarded military occupational specialty (MOS) 12B (Combat Engineer). 

3.  He was honorably discharged on 16 October 1979 for the purpose of immediate reenlistment.  He completed 1 year, 10 months, and 15 days of creditable active service during this period.  However, a copy of his DD Form 214 for this period of enlistment is not available for review with this case (it was presumably not issued because of a fregulation change).

4.  He executed a 5-year reenlistment in the RA on 17 October 1979 followed by a 4-year reenlistment on 30 July 1984.  He was honorably discharged on 11 February 1988 under the provisions of chapter 5 of Army Regulation 635-200 (Personnel Separations).  The DD Form 214 he was issued shows the following entries:

* Item 12a (Date Entered Active Duty (AD) This Period), "79  10  17";
* Item 12b (Separation Date This Period), "88  02  11";
* Item 12c (Net Active Service This Period), "08  03  25"; and
* Item 12d (Total Prior Active Service), "01  10  15."

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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.  Effective 1 October 1979, military personnel who were discharged for the purpose of immediate reenlistment were no longer issued a separate DD Form 214.  A breakdown of entries in item 12 is as follows: 

	a.  Item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued.

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

	c.  Item 12c and 12d show all service, less time lost under 10 U.S.C. 972 and time lost after expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the RA on 2 December 1977 (not 1 November 1977 as he contends).  He was honorably discharged on 16 October 1979.  He completed 1 year, 10 months, and 15 days of creditable active military service during this period of initial enlistment.  Although it appears a DD Form 214 for this period of service was properly not issued, it would have credited him with 1 year, 10 months, and 15 days.

2.  He reenlisted on 17 October 1979, served through another reenlistment, and was honorably discharged on 11 February 1988.  He completed 8 years, 3 months, and 25 days of creditable active service during this period. 

	a.  Item 12a of his DD Form 214 correctly reflects the entry "79  10  17" (the date he reenlisted), item 12b correctly reflects the entry "88  02  11" (the date he was discharged), item 12c correctly shows the entry "08  03  25" (the total active service from the date he reenlisted to the date he was discharged), and item 12d reflects an entry of "01  10  15" which is the applicant's total prior active service.  

	b.  When combining his net active service in item 12c to his total prior active service in item 12d, it equates to 10 years, 2 months, and 10 days of total creditable active service.

3.  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.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting his 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)                                         AR20100006947



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)