BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019756 


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 May 1976 instead of 25 November 1981.

2.  The applicant states her DD Form 214 contains an administrative error. 

3.  The applicant provides her 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) Delayed Entry Program (DEP) on 16 March 1976.  After spending 1 month and 25 days in the DEP, she was discharged from the USAR on 10 May 1976 for the purpose of enlisting in the Regular Army (RA).

3.  She executed a 3-year enlistment in the RA on 11 May 1976.  She subsequently completed the required training and she was awarded military occupational specialty 77F (Petroleum Supply Specialist).  She was discharged on 14 February 1979.  She completed 2 years, 9 months, and 4 days of active service.  Her records do not contain a DD Form 214 for this period of service.

4.  She executed a 3-year reenlistment in the RA on 15 February 1979 and served in Germany from 23 June 1979 to 9 February 1982.  While in Germany, she was discharged on 24 November 1981 for the purpose of immediate reenlistment.  She completed 2 years, 9 months, and 10 days of active service during this period of reenlistment.  Her records do not contain a DD Form 214 for this period of service.

5.  On 20 October 1999, a certification of military service was prepared to show the applicant's first two enlistment periods.

6.  She reenlisted on 25 November 1981 and on 9 November 1984.  She was ultimately honorably discharged on 8 November 1991.  She completed 8 years, 11 months, and 14 days of active service during this period.  The DD Form 214 she was issued shows the following entries:

* item 12a (Date Entered Active Duty This Period) – "81  11  25"
* item 12b (Separation Date This Period) – "91  11  08"
* item 12c (Net Active Service This Period) – "08  11  14"
* item 12d (Total Prior Active Service) – "05  06  14"
* item 12d (Prior Inactive Service) – "00  01  28"
* item 18 (Remarks) – "IMMEDIATE REENLISTMENTS THIS PERIOD:  790215 TO 811124; 811125 TO 841108; 841109 TO 901108"

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

1.  The evidence of record shows she enlisted in the USAR DEP on 16 March 1976.  She remained in the DEP for 1 month and 28 days and subsequently enlisted in the RA on 11 May 1976.  She was discharged on 14 February 1979 for immediate reenlistment.  She completed 2 years, 9 months, and 4 days of active service during this period.

2.  She reenlisted on 15 February 1979 and she was discharged again on 24 November 1981 for immediate reenlistment.  She completed 2 years, 9 months, and 10 days of active service during this period of enlistment and she had previously completed 2 years, 9 months, and 4 days, for a total of 5 years, 6 months, and 14 days of active service.

3.  Although DD Forms 214 for her first two enlistment periods are not available, a certification of military service was prepared to show this service.  A copy of the certification of military service will be provided to the applicant.

4.  She reenlisted on 25 November 1981 and on 9 November 1984.  She was ultimately honorably discharged on 8 November 1991.  She completed 8 years, 11 months, and 14 days of creditable active service during the period covered by her DD Form 214 as follows:

* item 12a correctly reflects the entry "81  11  25" which is the date she reenlisted
* item 12b correctly reflects the entry "91  11  08" which is the date she was discharged
* item 12c correctly reflects the entry "08  11  04" which is the total active service from the date she reenlisted to the date she was discharged
* item 12d reflects an entry of "05  06  14" 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 14 years, 5 months, and 18 days of total creditable active service
* item 12e correctly reflects the entry "00  01  28" which is her total service in the DEP
* item 18 correctly lists her reenlistment periods

5.  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 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 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)                                         AR20100019756



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ABCMR Record of Proceedings (cont)                                         AR20100019756



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