BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014467 


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 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.

2.  He states he entered AD on 24 September 1973, not 15 September 1978 as indicated on the DD Form 214.  The date of 24 September 1973 and total years should be reflected on his DD Form 214.

3.  He provides a 1994 Defense Finance and Accounting Service Military Leave and Earnings Statement.

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 military records show he enlisted in the Regular Army (RA) in pay grade E-1 on 24 September 1973, for 3 years.  He was honorably discharged for the purpose of immediate reenlistment on 25 July 1976.  The DD Form 214 (Report of Separation from Active Duty) he was issued shows he completed 2 years, 10 months, and 2 days of creditable active service.

3.  He reenlisted on 26 July 1976 for 3 years and he was again honorably discharged for the purpose of immediate reenlistment on 14 September 1978.  The DD Form 214 he was issued erroneously listed his date of entry as 26 August 1976 (instead of 26 July 1976) and showed he completed 2 years and 19 days instead of 2 years, 1 month, and 19 days of creditable active service during this period.  This form also shows he previously completed 2 years, 10 months, and 2 days of prior active service for a total of 4 years, 10 months, and 21 days.

4.  He reenlisted on 15 September 1978 and served continuously on AD through two more reenlistments on 5 August 1982 and on 21 March 1989.  He was honorably retired on 31 July 1994.  He completed 15 years, 10 months and 16 days of creditable active service during this period.  His DD Form 214 shows the following entries in: 

* item 12a, "78  09  15"
* item 12b (Separation Date This Period), "94  07  31"
* item 12c, "15  10  16"
* item 12d (Total Prior Active Service), "04  11  21"

5.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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:  item 12a shows the date of the first day of the last immediate reenlistment for which a DD Form 214 was not issued; item 12b shows the Soldier's transition/separation date; and items 12c and 12d show all service, less time lost.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he initially enlisted in the RA on 24 September 1973 and he was honorably discharged on 25 July 1976.  He completed 2 years, 10 months, and 2 days of creditable active service and he was issued a DD Form 214 that captured this period of active service.

2.  He reenlisted on 26 July 1976 and he was again honorably discharged on 14 September 1978.  He completed 2 years, 1 month, and 19 days of creditable active service during this period and he was issued a DD Form 214 that erroneously showed 2 years and 19 days; nevertheless, it captured his 2 years, 10 months, and 2 days of prior active service for a total of 4 years, 10 months, and 21 days.

3.  He reenlisted on 15 September 1978 and he served continuously through two more reenlistments on 5 August 1982 and on 21 March 1989.  He retired on 31 July 1994.  He completed 15 years, 10 months, and 16 days of creditable active service during the period covered by his DD Form 214 as follows:

* item 12a correctly shows "78  09  15" (the date he reenlisted after receiving his previous DD Form 214)
* item 12b correctly shows "94  07  31" (the date he retired)
* item 12c correctly shows "15  10  16" (the total active service from the date he reenlisted to the date he retired)
* item 12d correctly shows "04  11  21" (this included the extra month he was credited with on the DD Form 214 for the period ending 14 September 1978)
* when combining his net active service in item 12c with his total prior active service in item 12d, it equates to 20 years, 10 months, and 7 days of total creditable 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.  Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.  His DD Form 214 for the period ending 31 July 1994 correctly reflects his record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief.  He will be provided a copy of his first two DD Forms 214.

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)                                         AR20100014467



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ABCMR Record of Proceedings (cont)                                         AR20100014467



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