IN THE CASE OF:	  

		BOARD DATE:	  2 September 2010

		DOCKET NUMBER:  AR20100008713 


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 he was on active duty during the period 1 May 1980 through 24 July 1984.

2.  The applicant states that his discharge document is incorrect and should be corrected to show his prior service.

3.  The applicant provides the following:

* three different excerpts from his initial enlistment contract
* a copy of Armed Forces Examining and Entrance Station Enlistment/
Travel Order Number 103-5, dated 14 May 1980
* a copy of his DD Form 214
* a letter from the Oswego Country Veterans Service Agency, dated 11 February 2010

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 contain a copy of aDD Form 214 with a separation date of 24 July 1984.  Item 6 (Place of Entry into Active Duty) of this document contains the entry "Syracuse, NY."   Item 12a (Date Entered Active Duty This Period) contains the entry "82 12 20" [20 December 1982].  This document also shows the applicant completed 1 year, 7 months, and 5 days of active service in item 12c (Net Active Service This Period) and he was discharged under honorable conditions.

3.  The applicant's records contain a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) which shows he initially enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 6 years on 1 May 1980.  He was released from DEP status and enlisted in the Regular Army on 14 May 1980.

4.  A copy of Enlistment/Travel Order Number 103-5 provided by the applicant shows he was to report to basic combat training at Fort Sill, OK, on 19 May 1980.  A copy of his DA Form 2-1 (Personnel Qualification Record – Part II) shows in section VII (Current and Previous Assignments) that he reported to the U.S. Army Reception Station, Fort Sill, OK, on 14 May 1980.  This form shows he continued to serve on active duty through 24 July 1984, at which time he was discharged.

5.  The applicant's records also contain a DD Form 4 which has the inscription "IMMEDIATE REENLISTMENT" on the top left corner of page 1.  Section B (Agreements) of this same form shows he reenlisted in the Regular Army on 20 December 1982 for a period of 3 years in pay grade E-4 with the continental United States station of choice option for Fort Campbell, KY.

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that the source documents for entering information on the DD Form 214 will be the Personnel Qualification Record, Enlisted/Officer Record Brief, or any other document authorized for filing in the official military personnel file.

7.  Paragraph 2-8 of Army Regulation 635-5 in effect at the time of the applicant's discharge refers to Table 2-1 (DD Form 214 Preparation Instructions) which contains item-by-item instructions for completing the DD Form 214.  The instructions for item 6 are to enter the city and state from which member last entered active duty from civilian life.  The instructions for item 12a are to enter the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5).  The instructions for item 12b indicate "self-explanatory," meaning to enter the Soldier's separation date.  The instructions for item 12c and item 12d (Total Prior Active Service) state that all service entered will be less time lost under Title 10, U.S. Code, section 972, and time lost after expiration of term of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he was on active duty during the period 1 May 1980 through 24 July 1984 was carefully considered and was found to be partially supported by the evidence of record.

2.  His records show he reenlisted in the Regular Army on 20 December 1982 for a period of 3 years.  The date entered in item 12a of his DD Form 214 shows the entry "82 12 20," which matches the date he reenlisted.  This DD Form 4 was inadvertently used as the source document in preparation of his discharge document.

3.  The evidence of record shows the applicant entered the USAR DEP on 1 May 1980.  He was released from DEP status on 13 May 1980 and entered active duty in the Regular Army on 14 May 1980.  A copy of his DA Form 2-1 shows he reported to the U.S. Army Reception Station, Fort Sill, OK, on 14 May 1980 and continued to serve on active duty through 24 July 1984.  Therefore, it would appropriate to amend his DD Form 214 to show he entered active duty on 14 May 1980 and that he completed 4 years, 2 months, and 11 days of net active service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* amending item 12a of his DD Form 214 to read "80 05 14"
* amending item 12c of his DD Form 214 to read "04 02 11"

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he entered active duty on 1 May 1980.



      ____________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)                                         AR20100008713



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR2