BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100020655
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) issued on 21 July 1980 be corrected to show he entered active duty on 22 June 1972, not 22 June 1977, and that he entered active duty at Fort Polk, Louisiana, not Fort Gordon, Georgia.
2. The applicant states he was in advanced individual training for the Wire Systems Installer Operator Course in 1972.
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 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 in Memphis, Tennessee, on 13 July 1972. He completed basic training at Fort Polk, Louisiana, and advanced individual training at Fort Gordon, Georgia. He was transferred to Fort Huachuca, Arizona, for his first duty assignment.
3. On 30 July 1974, he was honorably discharged for the purpose of immediate reenlistment and he was issued a DD Form 214 covering his 2 years and 18 days of active service.
4. On 31 July 1974, he reenlisted for a period of 3 years and assignment to Fort Gordon, Georgia. He was transferred to Fort Gordon on 24 August 1974.
5. On 21 June 1977, he was honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214 to reflect that he had served 4 years, 11 months and 9 days of total active service.
6. On 22 June 1977, he reenlisted at Fort Gordon for a period of 3 years and assignment to Korea. He served his 1 year tour in Korea and was transferred to Fort Carson, Colorado where he remained until he was honorably discharged due to completion of required service. He had served 8 years and 9 days of total active service.
7. He was issued a DD Form 214 which shows in block 12a (Date Entered Active Duty This Period) that he entered this period of active duty on 22 June 1977. In block 12c (Net Active Service This Period) it shows he completed 3 years and 1 month of net active service this period. In block 12d (Total Prior Active Service) it shows that he completed 4 years, 11 months, and 9 days of total prior active service.
8. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect active service that is performed during the period covered by the DD Form 214. However, effective 1 October 1979, this regulation was changed to eliminate the issuance of a DD Form 214 for immediate reenlistments. A break in service in excess of 24 hours requires that a DD Form 214 be issued from that point and continues presently. Prior periods of service reflected on previously-issued DD Forms 214 will be reflected in the proper blocks designated for prior active and inactive service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect he entered active duty at Fort Polk in 1972 has been noted and is found to lack merit.
2. While the applicant did enter active duty in Memphis, Tennessee, on 13 July 1972, he was issued a DD Form 214 to properly reflect his service during each period of enlistment and reenlistment.
3. The DD Form 214 issued for his last period of service properly reflects he entered his last period of service at Fort Gordon on 22 June 1777 and also reflects all of his prior active service. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to grant his request.
4. A cop of the applicant's first two DD Forms 214 will be provided to him for use/information.
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) AR20100020655
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ABCMR Record of Proceedings (cont) AR20100020655
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