IN THE CASE OF:	  

		BOARD DATE:	  19 October 2010

		DOCKET NUMBER:  AR20100012011 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 September 1985 to show he entered active duty on 29 June 1961.

2.  The applicant states, in effect, his DD Form 214 shows an incorrect date of entry on active duty.

3.  The applicant provides a copy of his DD Form 214 for the period ending
30 September 1985.

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 (RA) for a period of 3 years on 29 June 1961.  He completed basic combat and advanced individual training and he was awarded military occupational specialty 55B (Ammunition Specialist).  He was honorably discharged on 29 March 1964 for the purpose of immediate reenlistment.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed 2 years, 9 months, and 1 day of total active service. 

3.  His records also show he reenlisted in the RA for a period of 6 years on
30 March 1964.  He was honorably discharged on 29 December 1969 for the purpose of immediate reenlistment.  The DD Form 214 he was issued shows he completed 5 years and 9 months of net service during this period, for a total of
8 years, 6 months, and 1 day of active service.

4.  His records further show he again reenlisted in the RA for a period of 4 years on 30 December 1969.  He was honorably discharged on 29 April 1974 for the purpose of immediate reenlistment.  He completed 4 years, 2 months, and
25 days of active service during this period for a total of 12 years, 8 months, and 26 days of active service.  A copy of his DD Form 214 documenting this period of active duty is not in the applicant's available records.

5.  His records also show he reenlisted in the RA for a period of 3 years on
30 April 1974.  He was honorably discharged on 2 December 1976.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 7 months, and 3 days of active service during this period for a total of 15 years, 3 months, and 29 days of active service.
 
6.  He executed a 5-year reenlistment on 3 December 1976 and a following
6-year reenlistment on 3 September 1981.  He was honorably retired on
30 September 1985 and he was placed on the Retired List in his retired rank/grade of first sergeant (1SG)/E-8 on 1 October 1985.  He was credited with 24 years, 1 month, and 28 days of total active service.  The DD Form 214 he was issued shows the following entries:

	a.  Item 12a (Date Entered Active Duty (AD) This Period) shows "76  12  03";

	b.  Item 12b (Separation Date This Period) shows "85  09  30";

	c.  Item 12c (Net Active Service This Period) shows "08  09  28"; and

	d.  Item 12d (Total Prior Active Service) shows "15  04  00."


7.  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 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  Chapter 2 states, in pertinent part, 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: 

	a.  Item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued;

	b.  Item 12b shows the Soldier's transition/separation date; and

	c.  Item 12c and 12d show all service, 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 contention that his DD Form 214 should be corrected to show the date he initially entered active duty was carefully considered.

2.  His records show he initially enlisted in the RA on 29 June 1961 and he was discharged on 29 March 1964.  He then reenlisted in the RA on 30 March 1964 and he was discharged on 29 December 1969.  He again reenlisted in the RA on
30 December 1969 and was discharged on 29 April 1974.  He then reenlisted on
30 April 1974 and he was discharged on 2 December 1976.  As required by applicable regulations at the time, he was issued a separate DD Form 214 that captured each period of active service.  He completed a total of 15 years and
4 months during the period 29 June 1961 through 2 December 1976.

3.  His records further show he reenlisted on 3 December 1976 and his final reenlistment occurred on 3 September 1981.  After continuous active service, he was honorably retired on 30 September 1985.  He completed 8 years, 9 months, and 28 days of active service during the period covered by DD Form 214 for the period ending 30 September 1985. 


	a.  Item 12a of this DD Form 214 correctly reflects the entry "76  12  03," the date he reenlisted; item 12b correctly reflects the entry "85  09  30," the date he was retired from active duty; item 12c correctly reflects the entry "08  09  28," the total active service from the date he reenlisted this period to the date he was retired; and item 12d correctly reflects the entry "15  04  00," which is the applicant's total prior active service.

	b.  When combining the applicant's net active service this period in item 12c to his total prior active service in item 12d, it equates to 24 years, 1 month, and 28 days of total active service.

4.  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.  Consolidation of two or more periods of service into one DD Form 214 was not authorized during the periods referenced.  The applicant’s DD Form 214 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's 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)                                         AR20100012011



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ABCMR Record of Proceedings (cont)                                         AR20100012011



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