IN THE CASE OF:	  

		BOARD DATE:	  17 February 2011

		DOCKET NUMBER:  AR20100018781 


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 his date of entry on active duty (AD) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 June 1992 be corrected to show he entered AD on 29 June 1972.  He also requests his second Meritorious Service Medal be added to his DD Form 214.

2.  The applicant states his DD Form 214 only reflects 15 years of his service.  He also states his second Meritorious Service Medal was not entered on his DD Form 214.

3.  The applicant provides copies of:

* his DD Form 214 (Report of Separation from Active Duty) with an effective date of 29 July 1975
* his orders for his first award of the Meritorious Service Medal
* a certificate for his second award of the Meritorious Service Medal
* a DA Form 638-1 (Recommendation for Award (For Other Than Valor) of Army Achievement Medal, Army Commendation Medal, and the Meritorious Service Medal), dated 15 January 1992
* his DD Form 214 with a separation date of 30 June 1992
* his DA Form 2-1 (Personnel Qualification Record)
* his referral for "Unit of Choice Enlistment Option" interview, dated 27 June 1972


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 enlisted in the Regular Army on 29 June 1972 for a period of 
3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 91B (Medical Specialist).

3.  On 29 July 1975, the applicant was discharged for immediate reenlistment.  He was issued a DD Form 214 for the period of service from 29 June 1972 to 
29 July 1975.  He had completed 3 years, 1 month, and 1 day of active service.

4.  He was immediately reenlisted on 30 July 1975 for a period of 6 years.  He subsequently reenlisted on 7 May 1981, on 29 March 1985, and on 20 August 1987.

5.  On 30 June 1992, he was retired and placed on the Retired List the following day.  He was issued a DD Form 214 for the period of service from 30 July 1975 to 30 June 1992 with entries in:

* item 12a (Date Entered AD This Period) - 75 07 30 (1975 July 30)
* item 12c (Net Active Service This Period) - 16 11 01 (16 years, 11 months, and 1 day)
* item 12d (Total Prior Active Service) - 03 01 01 (3 years, 1 month, and 
1 day)

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s last DD Form 214
show he was awarded one Meritorious Service Medal.


7.  Academy of Health Sciences, U.S. Army, Fort Sam Houston, TX Permanent Orders 32-1, dated 20 September 1985, awarded the applicant the Meritorious Service Medal for outstanding meritorious service during the period 5 November 1979 to 22 July 1985.

8.  The DA Form 638-1 provided by the applicant shows that Permanent Order Number 132-11, dated 11 June 1992, awarded him the Meritorious Service Medal with First Oak Leaf Cluster for service from 21 August 1985 to 1 July 1992.  The certificate provided by him also includes the Permanent Order      132-11.

9.  Army Regulation 635-5 (Separation Documents), effective 20 August 1973, stated a DD Form 214 would be issued to all personnel at the time of their retirement, discharge, or release from the Active Army.

10.  Army Regulation 635-5, effective 1 October 1979, stated that effective          1 October 1979 DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued.  This regulation states the entry for item 12a is the beginning date of the enlistment period or tour of AD for which a DD Form 214 was not issued for an enlisted member who was discharged and immediately reenlisted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his date of entry on AD is incorrect on his DD Form 214 with a separation date of 30 June 1992.

2.  At the time of the applicant's first discharge for immediate reenlistment a 
DD Form 214 was issued each time a Soldier was discharged.  Therefore, he received a DD Form 214 for his period of service from 29 June 1972 to 29 July 1975.  A copy of this DD Form 214 will be provided to him.

3.  In 1979, the regulation was changed and DD Forms 214 were no longer issued when a Soldier was discharged and immediately reenlisted.  Therefore, he was not issued a DD Form 214 when he was discharged for immediate reenlistment on 6 May 1981, on 28 March 1985, and on 19 August 1987.

4.  The entry in item 12a of his DD Form 214 with a separation date of 30 June 1992 is the beginning date of the enlistment period for which a DD Form 214 had 

not been issued.  Because the ending date of his previous DD Form 214 was    29 July 1975 the date 30 July 1975 in item 12a of his last DD Form 214 is correct.

5.  The applicant contends his total active Army service on his DD Form 214 with a separation date of 30 June 1992 only shows he completed 15 years of service.  
   a.  The entry "16 11 01" in item 12c reflects the active service completed during the period covered by the DD Form 214. 
   
   b.  The entry "03 01 01" in item 12d shows his previous period of active service prior to 30 July 1975.  

   c.  The above two periods of active service added together equals the 
20 years and 2 days of active service the applicant completed.  Therefore, the entries on his last DD Form 214 with a separation date of 30 June 1992 are correct.

6.  Orders and an approved DA Form 638-1 show the applicant was awarded two Meritorious Service Medals.  Therefore, it is appropriate to add the second award of the Meritorious Service Medal to his 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 amending item 24 of his DD Form 214 with a separation date of 30 June 1992 to show the Meritorious Service Medal (2nd award).


2.  The Board further determined that 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 the date of entry on AD.  




      _________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)                                         AR20100018781



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ABCMR Record of Proceedings (cont)                                         AR20100018781



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