IN THE CASE OF:	  

		BOARD DATE:	  14 October 2010

		DOCKET NUMBER:  AR20100011862 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 September 1980 to show she entered active duty on 27 June 1975. 

2.  The applicant states, in effect, she was sworn into the U.S. Army in May 1975 and attended basic combat training in June 1975.  She became a U.S. citizen on 15 May 1973, before joining the Army.  While on active duty, she lost her naturalization certificate and a new one was issued to her on 1 May 1978.  

3.  In effect, she associates the date listed in item 12 (Record of Service) section a (Date Entered Active Duty This Period) of her DD Form 214 with the loss of her original naturalization certificate.  

4.  The applicant provides a copy of her DD Form 4 (Enlistment Contract – Armed Forces of the United States), a copy of section VII (Current and Previous Assignments) of her DA Form 2-1 (Personnel Qualification Record – Part II) and a copy of her naturalization certificate. 

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 a DD Form 214 for the period ending 12 September 1980.  Item 12a contains the entry "78 05 26" and item 12b (Separation Date This Period) contains the entry "80 09 12."  This document also shows in Item 12c (Net Active Service This Period), that the applicant completed 2 years, 3 months, and 17 days.  Item 12d (Total Prior Active Service) indicates the applicant had completed 2 years, 7 months, and 25 days of prior active service, and item 12e (Total Prior Inactive Service) shows she had 3 months and 4 days.  This document also shows she was honorably discharged by reason of parenthood.  The applicant’s record is absent of any other DD Form 214.

3.  The applicant provided a copy of her initial enlistment DD Form 4.  This document shows she enlisted in the U.S. Army Reserve (USAR) for a period of 
3 years, on 27 June 1975.  Item 49 (Prior Service) indicates she had no prior service.  Item 56 (Remarks) shows she was delayed from entering on active duty and enlisted in the Regular Army on 1 October 1975.  

4.  The applicant's records contain a copy of Orders 109-162, Headquarters, U.S. Army Training Command and Fort Jackson (USATC&FJ), dated 26 May 1978, which show the applicant was discharged on 25 May 1978, for the purpose of immediate reenlistment.  A DD Form 4 with an effective date of 26 May 1978 reflects she immediately reenlisted for a period of 3 years.  This form also shows she had 2 years, 7 months, and 25 days of total active military service and 
3 months and 4 days of inactive military service at the time of her reenlistment. 

5.  Permanent Orders 72-1, USATC&FJ, dated 7 July 1978, awarded the applicant the Army Good Conduct Medal (First Award) for the period of service 
1 October 1975 through 30 September 1978. 

6.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  It states, in pertinent part, that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 contains instructions for the preparation of the DD Form 214.  
7.  Paragraph 2-8 of the same regulation states, in pertinent part, to enter in item 12a (Date Entered Active Duty This Period) the beginning date of any continuous period of active duty, for which a DD Form 214 was not previously issued.  The instructions for Item 12c (Net Active Service This Period) and Item 12d (Total Prior Active Service) state that all service entered will be less time lost under 10 U.S.C. 972 and time lost after expiration of term of service.

8.  Army Regulation 635-5, in effect at that time states that all separations and immediate enlistment or reenlistments accomplished between the date of entry on active duty and the date of separation from active duty will be entered in the Remarks section of the DD Form 214.  This regulation also specified that separate DD Forms 214 would not be prepared for enlisted personnel who were discharged for immediate reenlistment, effective 1 October 1979.

9.  As a point of reference, Army Regulation 600-8-22 (Military Awards) provides, in pertinent part that the Army Good Conduct Medal is awarded to any Soldier of the U.S. Army for a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to correct the date she entered on active duty was carefully considered and was found to be partially supported by the evidence of record. 

2.  The evidence of record shows the applicant enlisted in the Regular Army on
1 October 1975.  The evidence of record also indicates the applicant was delayed from entry on active duty until 1 October 1975.  A copy of permanent orders confirms she was awarded the Army Good Conduct Medal (First Award) for the 3 year period beginning on 1 October 1975.  

3.  Regulatory guidelines state to enter the date of the first day of the last immediate enlistment or reenlistment for which a DD Form 214 was not issued.  The evidence also shows that the applicant reenlisted in the Army on 26 May 1978, for a period of 3 years.  This form indicates she had 2 years, 7 months, and 25 days of total active military service, and 3 months and 4 days of inactive military service at the time of her reenlistment.  The evidence shows there was no break in continuous active duty service.  In the absence of evidence to the contrary it is presumed that she was issued a DD Form 214 for the period ending 25 May 1978.  However, it would be appropriate to issue the applicant another, appropriate document to show she served on active duty from 1 October 1975 through 25 May 1978. 
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 Department of the Army records of the individual concerned be corrected by issuing her an appropriate document to show she served on active duty from      1 October 1975 through 25 May 1978. 

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 item 12a to show she entered active duty on 27 June 1975.  




      _______ _   _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)                                         AR20100011862



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ABCMR Record of Proceedings (cont)                                         AR20100011862



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