IN THE CASE OF:
BOARD DATE: 3 February 2011
DOCKET NUMBER: AR20100017647
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 the Parachutist Badge and the correct date in Block 12a (Record of Service Date Entered AD [Active Duty] This Period).
2. The applicant states he went to Jump School and was awarded the Parachutist Badge; he was airborne and served with the 82nd Airborne Division. He also entered AD on 9 September 1974, but his DD Form 214 shows 11 September 1979.
3. The applicant provides:
* his DD Form 214 for the period 19790911-19930830
* his DD Form 214 for the period 19740909-19790910
* Special Orders Number 25, Headquarters, The School Brigade, US Army Infantry School, Fort Benning, GA, dated 6 February 1973, awarding him the Parachutist Badge
* other documents attesting to his airborne status
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 is a retired, airborne-qualified sergeant first class (SFC)/E-7.
3. The applicant enlisted in the Regular Army on 17 August 1972. He attended the Basic Airborne Course and received his Parachutist Badge on 6 February 1973. He was honorably discharged for the purpose of reenlistment on 8 September 1974. He received a DD Form 214 showing he completed
2 years and 22 days of active service. It also shows award of the Parachutist Badge.
4. The applicant reenlisted on 9 September 1974. He was honorably discharged for the purpose of reenlistment on 10 September 1979. He received a DD Form 214 showing he completed 5 years and 2 days of active service and 2 years and 22 days of prior active service, or a total of 7 years and 24 days.
5. He served continuously through reenlistments for an additional 13 years, 11 months, and 20 days. He was honorably retired on "30" August 1993. His DD Form 214 for this period of service shows in Block 12d (Total Prior Active Service) the 7 years and 24 days from his first two DD Forms 214. It does not show the Parachutist Badge as an authorized award.
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 establishes standardized policy for preparing and distributing the DD Form 214. The regulation provides:
a. That a DD Form 214 would be prepared each time a Soldier was retired, discharged, or released from active service [this policy changed in 1981 to
preclude the issuance of a DD Form 214 when a Soldier was discharged for the purpose of immediate reenlistment].
b. For Block 12a enter the beginning date of the continuous period of AD for issuance of this DD Form 214, for which a DD Form 214 was not previously issued.
c. For Block 12d From the previously issued DD Forms 214, enter total amount of prior active military service less lost time, if any; if not applicable, enter
00 00 00.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his retirement DD Form 214 for the period 19790911-19930830 be corrected to show award of the Parachutist Badge. He also requests that Block 12a of this DD Form 214 be changed to show he entered active duty on 9 September 1974. However, he has an initial enlistment DD Form 214 for the period 19720817 - 19740908 and his second enlistment DD Form 214 for the period 19740909-19790910.
2. The applicant's first period of service was captured on his original, initial enlistment DD Form 214 and the total active service from that document was carried forward onto his second and his retirement DD Form 214. There is no error in Block 12a of his retirement DD Form 214.
3. The applicant was awarded the Parachutist Badge by special orders. It should be added to his retirement DD Form 214.
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 adding the Parachutist Badge to his retirement DD Form 214 for the period 19790911-19930830.
2. The Board further determined 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 correcting Block 12a of his retirement
DD Form 214.
_______ _ _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) AR20100017647
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100017647
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100000351
The DD Form 214 effective 9 May 2003 shows in item 12a that he entered active duty on 2 October 2000. Army Regulation 635-5 states each entry in item 13 of the DD Form 214 will be verified by the Soldier's records. Item 12c of his DD Form 214 effective 9 May 2003 is incorrect based on the applicant's continuous active service from 26 August 1998 to 9 May 2003.
ARMY | BCMR | CY2011 | 20110000395
Accordingly, his DD Form 214 issued on 25 March 1986 should be corrected to show he entered this period of active duty on 12 November 1981 and he completed 5 years, 2 months, and 14 days of active service during this period. The applicant has not provided and his records do not contain any evidence of courses attended that are authorized for entry on the DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: *...
ARMY | BCMR | CY2008 | 20080011153
The applicant states, in effect, that his DD Form 214 incorrectly reflects that he entered the service on 7 June 1974, when he actually enlisted on 6 September 1972, and he desires to be credited with all of his service for retired pay purposes. His DD Form 214 issued at the time of his retirement shows in block 12a that he entered active duty this period on 7 June 1974 and that he served 15 years, 11 months and 28 days of active service this period. The evidence of record shows that the...
ARMY | BCMR | CY2009 | 20090013654
His final DD Form 214 shows the following information in the block indicated: 7a (Place of Entry Into Active Duty) "HAAF, GA;" 12a, (Date Entered Active Duty) "1990 01 16; 12b (Separation date This Period) "1998 10 19; 12c (Net Active Service This Period) "0008 09 04;" 12d (Total Prior Active Service) "0000 00 00;" 12e (Total Prior Inactive Service) "0000 04 14" 10. He is correct that the period from 12 April 1994 until he was placed on the TDRL on 19 October 1998 is 4 years, 6 months and 8...
ARMY | BCMR | CY2008 | 20080014530
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) as follows: a. item 12a (Date Entered Active Duty This Period) to show "1976 10 19" instead of "1979 04 04"; b. item 12c (Net Active Service This Period) and item 12d (Total Prior Active Service) to show the correct entries after correction of item 12a; and c. item 18 (Remarks) to show his last period of reenlistment as "23 October 1995 to 31 May 1998." He completed 2 years, 6 months,...
ARMY | BCMR | CY2009 | 20090000973
The applicant requests numerous administrative corrections to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 6 July 1976 through 15 November 2004, to include: a. items 7a (Place of Entry into Active Service) and 7b (Home of Record) should show a Conyngham, PA address; b. item 11 (Primary Specialty) should show 23 years and 3 months; c. items 12d (Total Prior Active Service) and 12e (Total Prior Inactive Service) should show U.S. Air Force Reserve...
ARMY | BCMR | CY2003 | 2003086318C070212
The applicant requests, in effect, that his separation document (DD Form 214) should be corrected to show he was granted an honorable discharge for his first enlistment. By regulation, Item 18 (Remarks) of the DD Form 214 will contain the entry "Continuous Honorable Active Service From" (first day of service which DD Form 214 was not issued) Until (date before commencement of current enlistment)” in Item 18 (Remarks), for enlisted soldiers with more than one enlistment period during the...
ARMY | BCMR | CY2013 | 20130002479
The applicant requests his DD Form 214 (Report of Separation from Active Duty) be corrected to show completion of Airborne Training and Air Assault School, as well as award of the Parachutist and Air Assault Badges. He provided a Certificate of Training, dated 7 June 1974, that shows he completed Air Assault School on that same day. All formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 are to be included...
ARMY | BCMR | CY2008 | 20080016546
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the date he entered active service as 31 January 1974 instead of 16 January 1976. This period of service is correctly documented on his DD Form 214, issued on 15 January 1976. The evidence of record further shows that he reenlisted on 16 January 1976 and was retired on 21 October 1992.
ARMY | BCMR | CY2011 | 20110020571
The applicant's military records show he enlisted in the U.S. Army Reserve (USAR) on 16 March 2000 for 8 years. With respect to correction to items 12a, 12d, and 12e of his 2007 DD Form 214, the evidence of record shows he enlisted in the USAR on 16 March 2000 for 8 years. With respect to correction to his 2007 DD Form 214 for removal of the entry "Subject To AD Recall" from Item 18, the evidence shows at the time of his REFRAD on 5 October 2007 he had a MSO of 15 March 2008.