IN THE CASE OF:	

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100021032 


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 items 12a (Date Entered AD [Active Duty] This Period) and 12c (Net Active Service This Period) on his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 
31 December 1997. 

2.  The applicant states:

* He entered active duty on 24 September 1973
* His active service totals 24 years, 8 months, and 5 days
* His PEBD [pay entry base date] is 26 April 1973

3.  The applicant provides:

* DD Form 214 for the period ending 31 December 1997
* U.S. Army Official Military Personnel File (microfiche)
* 1973 enlistment contract
* DD Form 214 for the period ending 26 July 1977
* 1973 U.S. Army Reserve (USAR) enlistment contract
* Orders, dated 26 April 1973
* Oath of extension of enlistment
* Individual Training Record
* Certificate of Training
* Service personnel records
* Defense Finance and Accounting Service Military Leave and Earnings Statement
* Department of Veterans Affairs letter, dated 25 February 2010 

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 enlistment contract shows he enlisted in the USAR Delayed Entry Program (DEP) on 26 April 1973.  On 23 September 1973, he was discharged from the DEP and he enlisted in the Regular Army (RA) on 
24 September 1973 for a period of 3 years.  His enlistment contract shows he served 4 months and 28 days in the DEP.  On 22 July 1976, he extended his enlistment for a period of 12 months.  On 26 July 1977, he was honorably discharged for immediate reenlistment.  
 
3.  Item 18 (Date Entered Active Duty This Period) of his DD Form 214 for period ending 26 July 1977 shows the entry "73 09 24" [24 September 1973].  Items 18a (Net Active Service This Period) and 18c (Total Active Service) of this DD Form 214 show he served 3 years, 10 months, and 3 days.  Item 18d (Prior Inactive Service) shows he had 4 months and 28 days of prior inactive service.  

4.  He reenlisted on 27 July 1977 and remained on active duty through continuous reenlistments until he retired on 31 December 1997.  

5.  Item 12a of the applicant's DD Form 214 for the period ending 31 December 1997 shows the entry "1977  07  27" [27 July 1977].   Item 12c of this DD Form 214 shows the entry "0020 05 04 [20 years, 5 months, and 4 days].  Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 3 years, 10 months, and 3 days of prior active service.  Item 12e (Total Prior Inactive Service) shows he had 4 months and 28 days of prior inactive 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, in pertinent part, that for item 12 (Record of Service) use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  It further states that for:

   a.  item 12a, enter the beginning date of the continuous period of active duty for issuance of this DD Form 214, for which a DD Form 214 was not previously issued;

   b.  item 12c, enter the amount of service this period by subtracting item 12a from 12b; 
   
   c.  item 12d, from previously-issued DD Forms 214, enter the total amount of prior active military service less lost time, if any; and
   
	d.  item 12e, from previously-issued DD Forms 214, enter the total amount of  prior inactive service, less any lost time. if any.   
   
DISCUSSION AND CONCLUSIONS:

1.  Evidence shows he enlisted in the RA on 24 September 1973, which is properly reflected on the DD Form 214 for the period ending 26 July 1977 provided by the applicant.  

2.  He reenlisted on 27 July 1977 and retired on 31 December 1997.  His period of prior active service is properly reflected in item 12d and his period of prior inactive service is properly reflected in item 12e of his DD Form 214 for the period ending 31 December 1997.  Therefore, there is no basis for granting the applicant's request to amend items 12a or 12c of his DD Form 214 for the period ending 31 December 1997.

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)                                         AR20100021032





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ABCMR Record of Proceedings (cont)                                         AR20100021032



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