IN THE CASE OF:	  

		BOARD DATE:	    24 August 2010

		DOCKET NUMBER:  AR20100008521 


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) for the period ending 31 July 1999 to show his entry date as 14 January 1977 instead of 17 August 1979.

2.  The applicant states he does not know how the mistake happened.

3.  The applicant provides the following documents:

* DD Form 214, dated 31 July 1999
* DD Form 214 (Report of Separation from Active Duty), dated 14 January 1977
* retirement orders, dated 26 October 1998
* DD Form 2648 (Preseparation Counseling Checklist), dated 10 August 1998

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 on 14 January 1977.  He completed basic combat and advanced individual training at Fort Leonard Wood, MO, and was awarded military occupational specialty 53C (Track Vehicle Mechanic). 

3.  He was honorably discharged on 16 July 1979 for the purpose of immediate reenlistment.  The DD Form 214 he was issued at that time shows he completed 2 years, 6 months, and 3 days of creditable active service.

4.  He executed a 4-year reenlistment on 17 July 1979 followed by a series of extensions or reenlistments and attained the rank/grade of sergeant first class/
E-7.  He was honorably retired on 31 July 1999 and he was placed on the Retired List on 1 August 1999.  He was credited with 22 years, 6 months, and 17 days of creditable active service.  The DD Form 214 he was issued at that time shows the following entries:

* item 12a (Date Entered Active Duty This Period) - "1979  07  17"
* item 12b (Separation Date This Period) - "1999  07  31"
* item 12c (Net Active Service This Period) - "0020  00  14"
* item 12d (Total Prior Active Service) - "0002  06  03"

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 contains guidance on the preparation of the DD Form 214.  Chapter 2 states 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:  item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; item 12b shows the Soldier's transition/separation date; and items 12c and 12d show all service, less time lost under Title 10, U.S. Code, section 972, and time lost after the expiration of term of service.


DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant initially enlisted in the Regular Army on 14 January 1977.  He was honorably discharged on 16 July 1979.  He completed 2 years, 6 months, and 3 days of creditable active military service during this period of initial enlistment.  He was issued a DD Form 214 that captured this period of active service.  A copy of this form will be provided to him.

2.  He reenlisted on 17 July 1979, served through multiple reenlistments or extensions, and was honorably retired on 31 July 1999.  He completed 20 years and 14 days of creditable active service during this period.

	a.  Item 12a of his retirement DD Form 214 correctly reflects the entry "1979  07  17" (the date he reenlisted), item 12b correctly reflects the entry "1999  07  31" (the date he was retired), item 12c correctly shows the entry "0020  00  14" (the total active service from the date he reenlisted to the date he retired), and item 12d reflects an entry of "0002  06  03" which is his total prior active service.

	b.  When combining his net active service in item 12c to his total prior active service in item 12d, it equalso 22 years, 6 months, and 17 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 retirement 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)                                         AR20100008521



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ABCMR Record of Proceedings (cont)                                         AR20100008521



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