IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100013186
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 entered active service on 23 January 1975 vice 12 November 1976.
2. The applicant states Item 12a (Date Entered AD [Active Duty] This Period) is incorrect on his DD Form 214.
3. The applicant provides a copy of his 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. A DD Form 4 (Enlistment Contract) shows, with no prior service the applicant enlisted in the Regular Army for 3 years on 23 January 1975. A second
DD Form 4 shows he was honorably discharged on 11 November 1976 for the purpose of immediate reenlistment on 12 November 1976 for a period of 6 years. A DD Form 214 was issued for this period of service.
3. The applicant retired from active duty on 31 January 1997 in the rank of sergeant first class. His DD Form 214 shows in Item 12 (Record of Service):
* 12a 1976 11 12
* 12b (Separation Date This Period) 1997 01 31
* 12c (Net Active Service This Period) 0020 02 19
* 12d (Total Prior Active Service) 0001 09 19
4. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214. It states the DD Form 214 is prepared for all Soldiers at the time of their discharge, retirement, or release from the Active Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of Item 12a of his DD Form 214 to show he entered active service on 23 January 1975 vice 12 November 1976.
2. Item 12a of the applicant's DD Form 214 is not in error. This entry reflects the first day of his active service following his honorable discharge of 11 November 1976 for the purpose of immediate reenlistment. The initial period of service which began on 23 January 1975 is reflected in Item 12d.
3. Item 12d of the applicant's DD Form 214 shows he served 1 year, 9 months, and 19 days (0001 09 19) from 23 January 1975 to 11 November 1976. This period is incorrect; it should be 1 year, 9 months, and 20 days (0001 09 20).
4. There is no basis for making the requested correction because his initial enlistment which began on 23 January 1975 is reflected in Item 12d and in his initial DD Form 214. A copy of his original DD Form 214 will be provided to him.
5. However, there is an administrative error in Item 12d of his last DD Form 214. The applicant served 1 year, 9 months, and 20 days vice 19 days. This error requires correction.
6. Evidence shows that the applicants records contain an administrative error which does not require action by the Board. Therefore, administrative correction of the applicants records will be accomplished by the Army Review Boards Agency (ARBA) Promulgation Team-Arlington, Virginia, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board determined that an administrative error in the records of the individual should be corrected. Therefore, the Board requests that the ARBA Promulgation Team administratively correct the records of the individual concerned to show in Item 12d of his DD Form 214 for the period ending 31 January 1997 the period "0001 09 20."
___________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) AR20100013186
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100013186
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080019736
Army Regulation 635-5 further states that for Item 12e, from previously issued DD Forms 214 and/or ERB [Enlisted Record Brief], enter the total amount of prior inactive service, less lost time, if any. There is no evidence of record to show the applicant had any other period of inactive service except for his time in the DEP. The Board further recommends that the individual's records be corrected by adding to item 18 of the applicant's DD Form 214 the entry " PERIOD OF DEP (20040423 20040719)."
ARMY | BCMR | CY2009 | 20090001812
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 14 February 1976 instead of 5 September 1979. Item 12a (Date Entered Active Duty (AD) This Period), "1979 09 05"; b. Item 12a of his DD Form 214, for the period ending 31 October 1997, correctly reflects the entry "1979 09 05" (the date he reenlisted), item 12b correctly reflects the entry "1997 10 31" (the date he was released from active duty),...
ARMY | BCMR | CY2015 | 20150003124
A 23 February 1996 DD Form 214 shows active duty service (Active Guard/Reserve status) from 1 April 1984 through 23 February 1996. With a change of component (from Title 10 service to Title 32 service) on 23 February 1996 and again on 8 November 2004, the applicant was properly issued a DD Form 214. His item 12 service calculations on the 30 April 2007 DD Form 214 should be consistent with the entries from his earlier DD Form 214 as follows at * (carried forward from 2004 DD Form 214)...
ARMY | BCMR | CY2010 | 20100021373
ARMY | BCMR | CY2007 | 20070018328
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 May 2008 DOCKET NUMBER: AR20070018328 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that items 12a (Date entered AD [active duty] This Period) and 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the...
ARMY | BCMR | CY2007 | 20070006026
The applicant requests, in effect, that: a. item 12a (Date Entered Active Duty [AD] This Period), item 12c (Net Active Service This Period), item 12d (Total Prior Active Service), and item 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) that was issued at the time of his retirement on 20 April 1997 (which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings) be corrected; b. his retirement pay be...
ARMY | BCMR | CY2010 | 20100027598
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) to show 10 October 1972 vice 19 November 1979. As new regulations were in effect at the time, he was not issued a separate DD Form 214 that captured his service for the period 16 March 1976 through 18 November 1979. With respect to his request to have item 12a of his DD Form 214 corrected to show 10 October 1972; his records...
ARMY | BCMR | CY2014 | 20140004432
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 14 August 2007 to show in item 12a (Date Entered Active Duty This Period) the entry "2006 07 06" vice "2007 01 02." His record contains a memorandum, issued by Fort Benning, GA, on 10 October 2009, requesting HRC issue the applicant a DD Form 215 (Correction to DD Form 214). As a result, the Board recommends that all Department of the Army records of the...
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 | 20100024496
The applicant requests correction of item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 March 1997. His DD Form 214 shows the following in item 12 (Record of Service): a. The version of the regulation in effect at the time of the applicant's separation provided that a DD Form 214 would be issued at time of separation to each member of the RA, meaning each time an RA Soldier reenlisted, he...