IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100008589
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 12a (Date Entered AD [Active Duty] This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 May 1988. He also requests a copy of his DD Form 214 for the period ending 9 May 1988 (which shows his reenlistment (RE) code) be provided to him.
2. The applicant states:
* Item 12a on his DD Form 214 for the period ending 9 May 1988 should reflect 15 February 1977
* He is trying to reenlist and needs a copy of his DD Form 214 showing his RE code
3. The applicant provides:
* DD Form 214 for the period ending 9 May 1988
* REDD Report
* Orders for the first and second awards of the Good Conduct Medal
* Reenlistment orders
* Diploma
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 enlistment contract shows he enlisted in the Regular Army on 15 February 1977 for a period of 3 years. On 29 August 1979, he was honorably discharged for immediate reenlistment.
3. Item 18 (Date Entered Active Duty This Period) on the applicant's DD Form 214 for period ending 29 August 1979 shows the entry "77 02 15" [15 February 1977]. Items 18a (Net Active Service This Period) and 18c (Total Active Service) on this DD Form 214 show he served 2 years, 6 months, and 15 days.
4. The applicant reenlisted on 30 August 1979 for a period of 5 years. On 9 May 1982, he was honorably discharged for immediate reenlistment. He reenlisted on 10 May 1982 for a period of 6 years. On 9 May 1988, the applicant was honorably discharged for expiration term of service.
5. Item 12a of the applicant's DD Form 214 for the period ending 9 May 1988 shows the entry "79 08 30" [30 August 1979]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years, 6 months, and 15 days of prior active service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states, in pertinent part, that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation
states that for item 12a, enter the beginning date of the continuous period of AD
for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added). It also states that for item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less lost time, if any.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 15 February 1977, which is properly reflected on his DD Form 214 for the period ending 29 August 1979. A copy of this DD Form 214 will be provided to the applicant.
2. The applicant immediately reenlisted on 30 August 1979 and was discharged on 9 May 1988. The applicant's period of prior active service is properly reflected in item 12d of his DD Form 214 for the period ending 9 May 1988. Therefore, there is no basis for granting the applicant's request to amend item 12a of his DD Form 214 for the period ending 9 May 1988.
3. Per his request, a copy of his DD Form 214 for the period ending 9 May 1988 will be provided to the applicant.
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) AR20100008589
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ABCMR Record of Proceedings (cont) AR20100008589
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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