BOARD DATE: 1 February 2011
DOCKET NUMBER: AR20100019038
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 item 12a (Date Entered Active Duty (AD) This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 March 1982 be corrected.
2. The applicant states his date of entry shown on this DD Form 214 is a mistake.
3. The applicant provides no documentary evidence in support of his application.
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 enlisted in the Regular Army (RA) on 24 June 1976 for a period of 3 years. On 27 March 1979, he was honorably discharged.
3. The available records do not contain a DD Form 214 covering the period
24 June 1976 through 27 March 1979.
4. He reenlisted on 28 March 1979 for a period of 3 years. His enlistment contract shows he had 2 years, 9 months, and 4 days of previous military service. On 24 March 1982, he was released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
5. Item 12a of his DD Form 214 for the period ending 24 March 1982 shows the entry "82 03 24" [23 March 1982]. Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years, 9 months, and 4 days of prior active service.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The regulation states that the purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. The regulation states that for item 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. It also states that for item 12d (Total Prior Active Duty), enter the total amount of prior active military service less lost time, if any, from previously issued DD Forms 214.
DISCUSSION AND CONCLUSIONS:
Evidence shows he enlisted in the RA on 24 June 1976 and was discharged on 27 March 1979. Although there is no DD Form 214 for this period on file in his official military personnel file, administrative regularity is presumed. His period of prior active service (24 June 1976 to 27 March 1979) is properly reflected in item 12d of his DD Form 214 for the period ending 24 March 1982. Therefore, there is no basis for granting his request to amend item 12a of his DD Form 214 for the period ending 24 March 1982.
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) AR20100019038
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100019038
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100014467
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction to item 12a (Date Entered AD [Active Duty] This Period) and item 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 31 July 1994. Prior to September 1979, a separate DD Form 214 was issued for each period of reenlistment.
ARMY | BCMR | CY2008 | 20080013308
The applicant requests, in effect, that the dates in Item 12 (Record of Service) of his 4 November 1988 separation document (DD Form 214) be corrected. His record contains a DD Form 214 prepared for this period of active duty service (27 July 1976 - 20 March 1979). The versions of the regulation in effect at the time of the applicants 1976 and 1979 discharges for immediate reenlistments provided for the issue of a DD Form 214 for each period of enlistment.
ARMY | BCMR | CY2010 | 20100021036
Item 12a of the applicant's DD Form 214 for the period ending 28 February 1994 shows the entry "78 11 02" [2 November 1978]. Evidence shows he enlisted in the Regular Army on 25 March 1976, which is properly reflected in item 18 of his DD Form 214 for the period ending 1 November 1978. 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.
ARMY | BCMR | CY2008 | 20080007349.
The applicant requests, in effect, that items 12a (Date entered AD [Active Duty] This Period) and 12d (Total Prior Active Service) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1996 be corrected. The applicant states, in effect, that he entered active duty on 29 November 1976 and that he completed 20 years of active duty. Evidence of record shows the applicant enlisted in the Regular Army on 29 November 1976, which is properly...
ARMY | BCMR | CY2004 | 2004101027C070208
The Board considered the following evidence: Exhibit A - Application for correction of military records. Effective 1 October 1979, the need to prepare a DD Form 214 for enlisted members who are discharged for immediate reenlistment was ended. As a result, the Board recommends all Department of the Army Records of the individual concerned be corrected by: a. amending item 12d of his DD Form 214 for the period ending 31 January 1996 to show he had 3 years, 8 months, and 12 days of prior...
ARMY | BCMR | CY2015 | 20150001576
The applicant requests a DD Form 214 (Report of Separation from Active Duty) for his period of service from 27 April 1976 through 27 January 1980. The applicant provides: * NA Form 13038 * DD Form 214 with an effective date of 26 April 1976 * DD Form 214 with a separation date of 27 January 1983 * his discharge and reenlistment orders, dated 15 April 1976 CONSIDERATION OF EVIDENCE: 1. As such, his DD Form 214 with a separation date of 27 January 1983 should show in: * item 12a - 27 April...
ARMY | BCMR | CY2013 | 20130013781
His DD Form 214 lists in the following items: * 11 - 91C (Practical Nurse) - 20 years and 10 months * 12a - the entry date of 6 October 1988 * 12b - the separation date of 31 July 1991 * 12c - 2 years, 9 months, and 26 days * 12d - 18 years, 5 months, and 8 days * Item 18 (Remarks) - Immediate Reenlistments This Period: 20 December 1976 through 16 December 1982, 17 December 1982 through 5 October 1988 9. For time determination, 16 days or more count as a month * Item 12a - would list the...
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 | CY2010 | 20100009003
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 9 August 1976 instead of 4 September 1979. The applicant provides the following documents: * DD Forms 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States), dated 14 July 1976 and 13 August 1982 * certificate of course completion, dated 5 April 1986 * certificate of training,...
ARMY | BCMR | CY2010 | 20100019756
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 May 1976 instead of 25 November 1981. Her records do not contain a DD Form 214 for this period of service. Her records do not contain a DD Form 214 for this period of service.