IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017953 


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, the widow of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his correct date of entry as 26 June 1975 instead of 3 February 1978.

2.  The applicant states the FSM's DD Form 214 shows an incorrect date of entry on active duty.

3.  The applicant provides:

* a Rapids Form T1172-1 (Application for Uniformed Services Identification Card - Automated)
* an extract of Company E, 6th Battalion Yearbook
* the FSM's DD Form 214
* their Certificate of Marriage
* the FSM's Certificate of Death

CONSIDERATION OF EVIDENCE:

1.  The FSM's records show he enlisted in the Regular Army (RA) for a period of 3 years on 26 June 1975.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 72E Telecommunications Center Operator).  

2.  He was honorably discharged on 2 February 1978 for the purpose of immediate reenlistment.  The DD Form 214 he was issued during this period shows the following entries:

* Item 9d (Effective Date [of Separation], "78  02  02"
* Item 15 (Date Entered Active Duty (AD) This Period, "75  06  26"
* Item 18a (Net Active Service This Period), "02  07  07"
* Item 18b (Prior Active Service), "00  00  00"
* Item 18c (Total Active Service), "02  07  07"

3.  His records also show he reenlisted in the Regular Army for a period of 3 years on 3 February 1978.  He also executed two more reenlistments in the Regular Army, a 4-year reenlistment on 20 December 1979 and a 6-year reenlistment on 30 November 1983.

4.  He was discharged from the Army under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, on
22 November 1988.  The DD Form 214 he was issued during this period shows the following entries:

* Item 12a (Date Entered AD This Period), "78  02  03"
* Item 12b (Separation Date This Period), "88  11  22"
* Item 12c (Net Active Service This Period), "10  09  20"
* Item 12d (Total Prior Active Service), "02  07  07"
* Item 18 (Remarks) shows the entry "Reenlistments this period 780203-791219; 791220-831129//"

5.  The applicant submitted:

* Her marriage certificate showing she was married to the FSM on 18 September 1978
* The FSM's death certificate (he died on 7 May 2010)
* An extract of his basic training yearbook with pictures
* An application for a military identification card

6.  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.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states that item 12 shows the record of service and item 18 shows mandatory entries.  A breakdown of entries in item 12 is as follows:

* Item 12a shows 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)
* Item 12b shows the Soldier’s transition/separation date
* Item 12c shows the amount of service this period, computed by subtracting item 12a from 12b (less time lost)
* Item 12d shows the total amount of prior active military service less time lost, if any.  
* Item 18 shows mandatory entries, and for enlisted Soldiers with more than one enlistment period during the time covered by this DD Form 214 enter "Immediate Reenlistment This Period (Specify Dates)"

7.  Army Regulation 635-5, dated 15 August 1979 and effective 1 October 1979, was revised.  Paragraph 1-4b(5) stated, in pertinent part, that the DD Form 214 will not be prepared for enlisted members discharged for immediate reenlistment in the Regular Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the FSM initially enlisted in the RA on 26 June 1975.  He was honorably discharged on 2 February 1978 for the purpose of immediate reenlistment and he was issued a DD Form 214 for this period of service.  He completed 2 years, 7 months, and 7 days of creditable active military service during this period of initial enlistment.

2.  He reenlisted on 3 February 1978 and this date is properly shown as the date he entered active service this period when he was discharged and his final DD Form 214 was issued on 22 November 1988.

3.  The FSM's DD Form 214 for the period ending 22 November 1988 shows he completed 10 years, 9 months, and 20 days of net active service this period.  His DD Form 214 further shows in:

* Item 12a the entry "78  02  03" (the date he initially reenlisted)
* Item 12b the entry "88  11  22" (the date he was discharged)
* Item 12c the entry "10  09  20" (the total active service from the date he reenlisted to the date he was discharged)
* Item 12d the entry "02  07  07" (which is the FSM's total prior active service)

When combining the FSM's net active service in item 12c to his total prior military service in item 12d, it equates to 13 years, 4 months, and 27 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.  The FSM’s
Last 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.

5.  A copy of his first DD Form 214 will be provided to him.

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)                                         AR20100017953



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ABCMR Record of Proceedings (cont)                                         AR20100017953



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