IN THE CASE OF:	  

		BOARD DATE:	  13 January 2011

		DOCKET NUMBER:  AR20100017971 


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) to show he entered active duty on 16 June 1975 instead of 26 December 1978.

2.  The applicant states he entered active duty in June 1975 but the date on his DD Form 214 is 26 December 1978 which is the date he reenlisted.

3.  The applicant provides a 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 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 records show he enlisted in the U.S. Army Reserves (USAR) under the Delayed Entry Program (DEP) on 24 April 1975. After spending 1 month and 22 days in the DEP, he was discharged from the USAR on 15 June 1975 for the purpose of enlisting in the Regular Army (RA).

3.  He executed a 3-year enlistment in the RA on 16 June 1975, subsequently completed the required training, and he was awarded military occupational specialty 76Y (Unit Supply Specialist).  He also executed a 7 month extension of his enlistment contract on 16 November 1977.

4.  He was honorably discharged from the RA on 25 December 1978 for the purpose of immediate reenlistment.  He completed 3 years, 6 months, and 10 days of creditable active service.  His records do not contain a DD Form 214 for this period of service.

5.  His records do contain a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 30 June 1986, wherein it corrects what appears to be a previously issued DD Form 214 dated 25 December 1978.

6.  He executed a 3-year reenlistment in the RA on 26 December 1978 followed by another 3-year reenlistment on 30 October 1981.  He was honorably discharged on 29 October 1984 by reason of expiration of his term of service.  The DD Form 214 he was issued shows the following entries:

* item 12a - "78  12  26"
* item 12b (Separation Date This Period) - "84  10  29"
* item 12c (Net Active Service This Period) - "05  10  04"
* item 12d (Total Prior Active Service) - "03  06  10"
* item 12d (Prior Inactive Service) - "00  01  22"

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance on the preparation of the DD Form 214.  Chapter 2 states that item 12 shows the record of service.  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; item 12c and 12d show all service, less time lost under Title 10, U.S. Code, section 972, and time lost after expiration of term of service; and item 12c shows prior inactive service.  
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he initially enlisted in the USAR DEP on 24 April 1975.  He remained in the DEP for 1 month and 22 days and subsequently enlisted in the RA on 16 June 1975.  He was honorably discharged on 25 December 1978 for immediate reenlistment.  He completed 3 years, 6 months, and 10 days of creditable active military service during this period of initial enlistment.  Since a DD Form 214 is not available for this period of service, he should be issued a Statement of Service to capture this period of active service.

2.  He reenlisted on 26 December 1978 and served continuously through another reenlistment on 30 October 1981.  He was discharged on 29 October 1984.  He completed 5 years, 10 months, and 4 days of creditable active service during the period covered by his DD Form 214 as follows:

* item 12a correctly reflects the entry "78  12  26" (the date he reenlisted)
* item 12b correctly reflects the entry "84  10  29" (the date he was discharged)
* item 12c correctly reflects the entry "05  10  04" (the total active service from the date he reenlisted to the date he was discharged)
* item 12d reflects an entry of "03  06  10" which is his total prior active service
* when combining his net active service in item 12c with his total prior active service in item 12d, it equates to 9 years, 4 months, and 14 days of total creditable active service
* item 12e correctly reflects the entry "00  01  22" (total service in the DEP)

3.  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.  His 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.










BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 issuing him a Statement of Service to capture his active service from 16 June 1975 through 25 December 1978.

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 correction of his entry date on his DD Form 214 to show 16 June 1975 instead of 26 December 1978.



      _______ _   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)                                         AR20100017971





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ABCMR Record of Proceedings (cont)                                         AR20100017971



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