IN THE CASE OF:
BOARD DATE: 28 October 2010
DOCKET NUMBER: AR20100012392
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 Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 June 1998 to show 7 May 1974 instead of
31 August 1977.
2. The applicant states his DD Form 214 does not reflect his initial enlistment. However, his retirement orders have the correct entry date. This error could potentially deprive him of certain rights, benefits, and entitlements.
3. The applicant provides his retirement orders, enlistment contracts, and
DD Form 214 for the period ending 30 August 1977.
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 Official Military Personnel File (OMPF) in the interactive Personnel Electronic Records Management System (iPERMS) contains enlistment contracts that show he:
* entered the delayed entry program on 7 May 1974
* enlisted on 20 June 1974 for a period of 3 years
* reenlisted on 31 August 1977 for a period of 3 years
* reenlisted on 30 May 1980 for a period of 3 years
* reenlisted on 5 May 1981 for a period of 4 years
* reenlisted on 15 June 1987 for a period of 6 years
* reenlisted on 16 July 1992 for a period of 4 years
* reenlisted on 20 February 1996 for a period of 2 years
3. The records show he was issued a DD Form 214 for the period 20 June 1974 through 30 August 1977.
4. On 30 June 1998, he was retired by reason of sufficient service for retirement and he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) and placed on the Retired List on 1 July 1998. Item 12a of his final
DD Form 214 contains the entry "1977 08 31." Item 12d (Total Prior Active Service) contains the entry "0003 02 11," which equals the applicant's net active service on his previous DD Form 214 for the period ending 30 August 1977.
5. Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of retirement, discharge (to include discharge for the purpose of immediate reenlistment), or release from the Active Army.
6. Army Regulation 635-5, effective 1 October 1979, stated that effective
1 October 1979 DD Forms 214 would no longer be issued for enlisted members who were discharged for immediate reenlistment in the Regular Army and that all service would be continuous from the date the last DD Form 214 was issued. A list of reenlistment periods for which a DD Form 214 was not issued are to be listed in Item 18.
7. Army Regulation 635-5, Chapter 2 contains item-by-item preparation instructions for the DD Form 214 and the instructions for item 12a state to enter the beginning date of the continuous period of active duty for issuance of this DD Form 214 for which a DD Form 214 was not previously issued (emphasis added).
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant continuously served on active duty from 20 June 1974 until his retirement date; however, at the end of his first enlistment he was issued a DD Form 214 for the period from 20 June 1974 to
30 August 1977 that shows he completed 3 years, 2 months, and 11 days of net active service this period. Accordingly, his final DD Form 214 shows the same period of service as prior active service in item 12d.
2. Effective October 1979, DD Forms 214 were no longer issued upon discharge for immediate reenlistment. Army Regulation 635-5 states when preparing the DD Form 214 enter the beginning date of the continuous period of active service for which a DD Form 214 was not previously issued. Therefore, the entry in item 12a of his DD Form 214 for the period ending 30 June 1998 is correct as shown.
3. In view of the above, there is no basis for granting the applicant's request.
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) AR20100012392
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ABCMR Record of Proceedings (cont) AR20100012392
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