IN THE CASE OF:	  

		BOARD DATE:	  20 January 2011

		DOCKET NUMBER:  AR20100018129 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she entered active duty on 11 September 1979 instead of 8 June 1984.

2.  The applicant states her service was as follows:

* Fort Jackson, SC, basic training
* Fort Benjamin Harrison, IN, advanced individual training
* Fort Hood, TX, 1st assignment
* Frankfurt, Germany, 2nd assignment and reenlistment
* Fort Myers, VA
* Fort Belvoir, VA

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 she enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 7 September 1979.  After spending 4 days in the DEP, she was discharged from the USAR on 10 September 1979 for the purpose of enlisting in the Regular Army (RA).

3.  She executed a 3-year enlistment in the RA on 11 September 1979, subsequently she completed the required training, and she was awarded military occupational specialty 71L (Administrative Specialist).  She also executed a 26 month extension of her enlistment contract on 8 December 1981.

4.  She was honorably discharged from the RA on 7 June 1984 for the purpose of immediate reenlistment.  She completed 4 years, 8 months, and 27 days of creditable active service.  Her records do not contain a DD Form 214 for this period of service.

5.  She executed a 4-year reenlistment in the RA on 8 June 1984.  She was honorably discharged on 29 March 1988 by reason of the early transition program.  The DD Form 214 she was issued shows the following entries:

* item 12a - "84  06  08"
* item 12b (Separation Date This Period) - "88  03  29"
* item 12c (Net Active Service This Period) - "03  09  22"
* item 12d (Total Prior Active Service) - "04  08  27"
* item 12d (Prior Inactive Service) - "00  00  04"
* item 18 (Remarks) //ITEM 12d: IMMEDIATE REENLISTMENTS THIS PERIOD:  790911 TO 840607//

6.  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.  Effective 1 October 1979, the form was not issued for immediate reenlistment.  Chapter 2 of the regulation 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; and item 12c shows prior inactive service.  
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows she initially enlisted in the USAR DEP on 7 September 1979.  She remained in the DEP for 4 days and subsequently enlisted in the RA on 11 September 1979.  She was honorably discharged on 7 June 1984 for immediate reenlistment.  She completed 4 years, 8 months, and 27 days of creditable active military service during this period of initial enlistment.

2.  She reenlisted on 8 June 1984 and served continuously through 29 March 1988 when she was discharged.  She completed 3 years, 9 months, and 22 days of creditable active service during the period covered by her DD Form 214 as follows:

* item 12a correctly reflects the entry "84  06  08" (the date she reenlisted)
* item 12b correctly reflects the entry "88  03  29" (the date she was discharged)
* item 12c correctly reflects the entry "03  09  22" (the total active service from the date she reenlisted to the date she was discharged)
* item 12d reflects an entry of "04  08  27" which is her total prior active service
* when combining her net active service in item 12c with her total prior active service in item 12d, it equates to 8 years, 6 months, and 19 days of total creditable active service
* item 12e correctly reflects the entry "00  00  04" (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.  Her DD Form 214 correctly reflects her record of service and contains no errors.  Therefore, there is no basis for granting the applicant's requested relief. 













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)                                         AR20100018129





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ABCMR Record of Proceedings (cont)                                         AR20100018129



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