IN THE CASE OF:
BOARD DATE: 28 September 2010
DOCKET NUMBER: AR20100011196
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 to Item 12a (Date Entered AD (Active Duty) This Period) on his DD Form 214 (Certificate of Report of Separation from Active Duty) for the period ending 31 October 1993.
2. He states Item 12a of this DD Form 214 shows the date he reenlisted and should reflect his initial entry date of 27 October 1973.
3. He provides copies of his 1973 and 1976 enlistment contracts and his 1993 DD Form 214.
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 military records show he enlisted in the Regular Army in pay grade E-1 on 27 October 1973, for 3 years. He was honorably discharged on 26 July 1976 for the purpose of immediate reenlistment. He was issued a DD Form 214 which shows in Item 15 (Date Entered AD This Period) the date "26" October 1973. He was credited with 2 years, 9 months, and 1 day of net active service.
3. He reenlisted in the Regular Army in pay grade E-4 on 27 July 1976, for 6 years. He served continuously on AD through several reenlistments until he was honorably retired on 31 October 1992. He was issued a DD Form 214 which shows in Item 12a the date 27 July 1976. He was credited with 17 years, 3 months, and 4 days of net active service. He was also credited with 2 years, 9 months, and 1 day of prior active service.
4. Item 18 (Remarks) of his DD Form 214 shows he reenlisted on 27 July 1976, 23 July 1982, and 23 April 1986.
5. Army Regulation 635-5 (Personnel Separation Separation Documents), then in effect, governed the preparation of the DD Form 214. The regulation specified a DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. The beginning date of the continuous period of AD for which a DD Form 214 was not previously issued would be entered in Item 12a.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows he enlisted in the Regular Army on 27 October 1973 for 3 years. He was discharged for immediate reenlistment on 26 July 1976 and provided a DD Form 214. He reenlisted on 27 July 1976, served through 31 October 1993, and was provided a DD Form 214 for this period of service.
2. In accordance with regulatory guidance, Item 12a, of his 31 October 1993 DD Form 214 would list the beginning date of the continuous period of AD for which a DD Form 214 was not previously issued would be entered. This DD Form 214 covered his period of service from his reenlistment on 27 July 1976 through his retirement on 31 October 1993. Therefore, he is not entitled to a correction of this DD Form 214, Item 12a, to show he entered on AD on 27 October 1973.
3. The evidence of record confirms his first enlistment and entry on AD was actually on 27 October 1973. He was provided a DD Form 214 for the period of ending 26 July 1976 showing he entered AD on 26 October 1976. Based on the evidence, he is entitled to a correction to Item 15 of his DD Form 214 for the period ending 26 July 1976 to show he entered on active duty on 27 October 1973.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X____ ___X___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by amending Item 15 of the applicant's DD Form 214 for the period ending 26 July 1976 to show he entered AD on 27 October 1973, providing him a corrected DD Form 214, and providing him a copy of the original DD Form 214 for the period ending 26 July 1976.
2. The Board further determined that 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 amending Item12a of the applicant's DD Form 214 for the period ending 31 October 1993 to show he entered on AD on 27 October 1973.
__________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) AR20100011196
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100011196
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2005 | 20050003324C070206
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1993 be corrected to show he entered active duty on 31 July 1973. Effective 1 October 1979, the requirement to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment was ended. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.
ARMY | BCMR | CY2010 | 20100021032
The applicant provides: * DD Form 214 for the period ending 31 December 1997 * U.S. Army Official Military Personnel File (microfiche) * 1973 enlistment contract * DD Form 214 for the period ending 26 July 1977 * 1973 U.S. Army Reserve (USAR) enlistment contract * Orders, dated 26 April 1973 * Oath of extension of enlistment * Individual Training Record * Certificate of Training * Service personnel records * Defense Finance and Accounting Service Military Leave and Earnings Statement *...
ARMY | BCMR | CY2009 | 20090000908
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty [AD]) that was issued at the time of his retirement on 31 January 1991 be corrected to show that he: a. possessed military occupational specialty (MOS) 24U (Nike Hercules Electronics Mechanic) in item 11 (Primary Specialty); b. entered in the military on 28 May 1970 in item 12a (Date Entered AD This Period); and c. spent a total of 15 months in Korea in item 12f (Foreign Service). A...
ARMY | BCMR | CY2010 | 20100014467
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction to item 12a (Date Entered AD [Active Duty] This Period) and item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1994. Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.
ARMY | BCMR | CY2004 | 2004101027C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Effective 1 October 1979, the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment was ended. As a result, the Board recommends all Department of the Army Records of the individual concerned be corrected by: a. amending item 12d of his DD Form 214 for the period ending 31 January 1996 to show he had 3 years, 8 months, and 12 days of prior...
ARMY | BCMR | CY2008 | 20080018295
The applicant requests that item 12a (Date Entered AD [Active Duty] This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 November 1987 be corrected to show he entered active duty on 10 July 1973. Evidence of record shows the applicant enlisted in the Regular Army on 10 July 1973, which is properly reflected on his DD Form 214 for the period ending 31 May 1976. __________xxx____________ CHAIRPERSON I certify that herein is recorded...
ARMY | BCMR | CY2010 | 20100018977
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 31 December 1994. Item 12a of the applicant's DD Form 214 for the period ending 31 December 1994 shows the entry "76 06 25" [25 June 1976]. __________X___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military...
ARMY | BCMR | CY2006 | 20060000071C070205
The applicant states, in effect, that item 1 and item 12a, of her DD Form 214, are incorrect. The applicant’s military records show that she enlisted in the US Army Reserve (USAR) on 2 August 1973, for 3 years, with no prior military service, under the last name of J______. The evidence of record shows that the applicant entered AD on 6 August 1973 and continued to serve until she was honorably discharged on 28 October 1976, which consist of 3 years, 2 months, and 23 days, of active duty service.
ARMY | BCMR | CY2015 | 20150001576
The applicant requests a DD Form 214 (Report of Separation from Active Duty) for his period of service from 27 April 1976 through 27 January 1980. The applicant provides: * NA Form 13038 * DD Form 214 with an effective date of 26 April 1976 * DD Form 214 with a separation date of 27 January 1983 * his discharge and reenlistment orders, dated 15 April 1976 CONSIDERATION OF EVIDENCE: 1. As such, his DD Form 214 with a separation date of 27 January 1983 should show in: * item 12a - 27 April...
ARMY | BCMR | CY2010 | 20100020875
The applicant requests correction to Item 12a (Date Entered AD (active duty) This Period), 12f (Foreign Service), and 12g (Sea Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1991. No evidence shows he served in Vietnam or performed any sea service during the period covered by the DD Form 214 from 1976 to 1991. He was properly issued a DD Form 214 at the time of his discharge from the USMC crediting him with that service.