IN THE CASE OF:
BOARD DATE: 6 January 2011
DOCKET NUMBER: AR20100020359
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect that he entered active duty in October 1979 under the delayed entry program.
2. The applicant states that his DD Form 214 does not reflect the fact that he enlisted in 1979 and the Department of Veterans Affairs (VA) does not have information relating to his reenlistment in Germany in 1983.
3. The applicant provides a copy of his 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 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 was born on 9 July 1944 and was inducted on 10 February 1964 and served as a bandsman until he was honorably released from active duty (REFRAD) at Fort Hood, Texas on 9 February 1966 due to the expiration of his term of service (ETS).
3. On 8 May 1979, he enlisted in the United States Army Reserve (USAR) under the delayed entry program (DEP) and on 7 June 1979 he enlisted in the Regular Army for a period of 4 years.
4. On 31 May 1983, he reenlisted for a period of 6 years and served until he was honorably discharged on 7 March 1986 due to a Department of the Army imposed bar to reenlistment. His DD Form 214 issued at the time of his discharge shows that he entered active duty this period on 31 May 1983, that he had served 2 years, 9 months, and 6 days of service this period and that he had served 5 years, 11 months, and 24 days of prior active service and 4 years and 29 days of inactive service.
5. A review of his records and his DD Form 214 shows that all of his service is accounted for on his DD Form 214 dated 7 March 1986.
6. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. Prior to 1 October 1979 a DD Form 214 was issued for each enlistment and upon immediate reenlistment. Effective 1 October 1979, that regulation changed and provided that a DD Form 214 would no longer be issued for immediate reenlistments unless there was period of separation of more than 24 hours in duration.
DISCUSSION AND CONCLUSIONS:
1. The applicants DD Form 214 properly reflects all of the applicants service, both active and inactive, and there appears to be no basis to alter that document.
2. The applicants records also documents his service and is available to the VA should the Department need to further verify his service.
3. Accordingly, in the absence of evidence to show otherwise, there is no basis to alter a properly-prepared DD Form 214 when all of his service is reflected on the form as it now exists.
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) AR20100020359
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100020359
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100026612
The applicant's records show he was commissioned as a Reserve commissioned officer of the Army in the rank of second lieutenant on 13 May 1979. Item 12a (Date Entered Active Duty This Period) of his DD Form 214 shows he entered active duty on 13 June 1983. The evidence of record clearly shows he entered active duty on 13 June 1983.
ARMY | BCMR | CY2009 | 20090003764
IN THE CASE OF: BOARD DATE: 18 JUNE 2009 DOCKET NUMBER: AR20090003764 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The DD Form 214, issued at this time, shows the applicant completed 3 years of creditable service with 4 days of lost time. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the applicant the Good Conduct Medal (1st award) for his initial period of service from 30 June 1976 through 3 July 1979...
ARMY | BCMR | CY2009 | 20090003330
The applicant requests, in effect, correction to item 12a (Date Entered Active Duty This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 22 July 1991, to show 23 August 1979. The applicant states, in effect, that his DD Form 214 only shows his record of service from his reenlistment date in 1983 to his separation date in 1991. As a result, the Board recommends that all the Department of the Army records of the individual concerned be corrected by...
ARMY | BCMR | CY2004 | 040003330C070208
The applicant’s service in the DEP is not active duty service. There were no provisions for a separate entry on the DD Form 214 showing time spent on the DEP when he was discharged in 1983, nor is there now a requirement to enter that information for Soldiers who do not have a military service obligation when they are separated from the Army. Consequently, the applicant’s request to correct his DD Form 214 is denied.
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 | CY2006 | 20060012020
x The Board considered the following evidence: Exhibit A - Application for correction of military records. His DD Form 214 reflects that he was REFRAD in the pay grade of E-4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 30 September 1986; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 29 September 1989.
ARMY | BCMR | CY2011 | 20110003452
Application for correction of military records (with supporting documents provided, if any). Army Regulation 15185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). While there is always a possibility that what the FSM told his wife is true; she has not provided and the record does not contain any evidence that this...
ARMY | BCMR | CY2005 | 20050004418C070206
The applicant provides copies of her DD Form 214 (Report of Separation from Active Duty), with an effective date of 29 January 1979; DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 14 October 1983; two DD Forms 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 15 April 1986; and DD Form 214, with an effective date of 13 March 1987, in support of her application. There is no evidence of record that shows...
ARMY | BCMR | CY2005 | 20050005147C070206
The applicant provides a copy of his DD Form 4/2 (Enlistment/Reenlistment Document), his Enlisted Record Brief, his DD Form 214 for the period ending 12 November 2003, his retirement orders, his DD Form 368 (Request for Discharge or Clearance from Reserve Component), his DA Form 1506 (Statement of Service – Computation of Length of Service for Pay Purposes), and his NGB Form 22 (Report of Separation and Record of Service). The Board determined that the evidence presented was sufficient...
ARMY | BCMR | CY2010 | 20100023882
The applicant provides his DD Form 214. He completed 2 years, 9 months, and 14 days of active service during this period. He was issued a DD Form 214 for the period of service from 23 August 1979 through 30 November 1996.