IN THE CASE OF:	  

		BOARD DATE:	  5 August 2010

		DOCKET NUMBER:  AR20100008330 


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 12 (Record of Service) of his 
DD Form 214 (Certificate of Release from Active Duty) for the period ending
24 September 1991 to show he entered active duty on 27 October 1977.  As a result, he also requests correction of all other dates in item 12 accordingly.

2.  The applicant states that item 12a (Date Entered Active Duty this Period) on his DD Form 214 for the period ending 24 September 1991 should be changed from 29 August 1979 to 27 October 1977.  He further states that he entered active duty on 27 October 1977 and that he reenlisted in the military on
29 August 1979. 

3.  The applicant provides his DD Form 214 for the period ending 24 September 1991 and a DA Form 2-1 (Personnel Qualification Record - Part II) last reviewed on 7 October 1991.

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 had prior active service in the U.S. Air Force (USAF) and the U.S. Army Reserve (USAR).

3.  A DD Form 214 for the period ending 1 August 1975 shows the applicant, a member of the Regular Air Force, was honorably released from active duty on
1 August 1975.  This DD Form 214 shows in:

* item 15 (Date Entered Active Duty This Period) [Year  Month  Day] the entry "71  AUG  05"
* item 18a (Net Active Service this Period) the entry "3  11  29"

4.  A DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 27 October 1977, shows the applicant enlisted in the Regular Army (RA) for a 4-year term of service.  His previous military service shows in:

* item 9a (Total Active Military Service) the entry "03  11  29"
* item 9b (Total Inactive Military Service) the entry "02  02  26"

5.  The applicant's DD Form 214 for his active military service during the period 
27 October 1977 through 28 August 1979 is not available in his military records.  However, his military records indicate that he completed 1 year, 10 months, and 1 day of active military service for that term of service prior to his honorable discharge on 28 August 1979 for the purpose of immediate reenlistment.

6.  A DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 29 August 1979, shows the applicant reenlisted in the RA for a 3-year term of service.  His previous military service shows in:

* item 9a the entry "05  10  01"
* item 9b the entry "02  02  26"

7.  On 24 August 1991, the applicant was honorably discharged from active duty by reason of expiration term of service.  His record of service on his DD Form 214 for the period ending 24 August 1991 shows in:
* 
item 12a (Date Entered Active Duty this Period) the entry “79  08  29”
* item 12b (Separation Date this Period) the entry "91  09  24”
* item 12c (Net Active Service this Period) the entry “12  00  26”
* item 12d (Total Prior Active Service) the entry “05  10  01”
* item 12d (Total Prior Inactive Service) the entry “02  02  “25”
* item 18 (Remarks) the entry "IMMEDIATE REENLISTMENT THIS PERIOD:  790829 – 821006; 821007 – 850822// RETAINED IN SERVICE 32 DAY(S) FOR THE CONVENIENCE OF THE GOVERNMENT PER
AR 635-200

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  It is a summary of a Soldier’s most recent period of continuous active service and provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Paragraph 1-4b(5) states that a DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the RA.  Chapter 2 of this regulation directs not to issue DD Forms 214 to replace record copies or DD Forms 214 lost by Soldiers and, if no DD Form 214 is available, issue a "Statement of Service" or "Transcript of Military Record."  Prior to 1 October 1979, Army Regulation 635-5 provided that a DD Form 214 would be prepared for individuals upon retirement, discharge, or release from active military service or control of the Army. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the entry date on the DD Form 214 for the period ending 24 September 1991 should be corrected to show he entered active duty on 27 October 1977 instead of 29 August 1979.  Records show he enlisted in the RA on 27 October 1977 and he was honorably discharged on 28 August 1979.  However, the DD Form 214 for that period of service is not available.  There is a presumption that the Army issued him a DD Form 214 for that period of active service and for an unknown reason the document is not in his available military records.  The applicant has not indicated that he did not receive a DD Form 214 for that period.

2.  In accordance with Army Regulation 635-5, the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  The applicant’s DD Form 214 for the ending period 24 September 1991 correctly shows he entered active duty on 29 August 1979 and he was honorably discharged on 24 August 1991.  His entire period of continuous service was captured from his reenlistment in August 1979 to his discharge in September 1991.  In addition, his prior active 

and inactive service was incorporated in the DD Form 214.  Therefore, there is insufficient evidence on which to change the date he entered on active duty on his DD Form 214 for the period ending 24 September 1991.

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)                                         AR20100008330



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ABCMR Record of Proceedings (cont)                                         AR20100008330



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