IN THE CASE OF:	  

		BOARD DATE:	  16 February 2011

		DOCKET NUMBER:  AR20100021036 


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, in effect, correction of items 12a (Date Entered AD [Active Duty] This Period), 12c (Net Active Service This Period), and 12f (Foreign Service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 February 1994.

2.  The applicant states: 

* Item 12a should show he entered AD on 25 March 1976 
* Item 12c should include an additional 2 years, 7 months, and 7 days for a total of 17 years, 11 months, and 18 days
* His overseas service totals 7 years and 25 days

3.  The applicant provides:

* DA Form 2-1 (Personnel Qualification Record, Part II)
* 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 enlistment contract shows he enlisted in the Regular Army on 25 March 1976 for a period of 3 years.  On 1 November 1978, he was honorably discharged for immediate reenlistment.  

3.  Item 15 (Date Entered Active Duty This Period) of his DD Form 214 for the period ending 1 November 1978 shows the entry "76 07 25" [25 July 1976].  Items 18a (Net Active Service This Period) and 18c (Total Active Service) of this DD Form 214 show he served 2 years, 7 months, and 7 days.  Item 18f (Foreign and/or Sea Service This Period) shows he served 2 years, 2 months, and 14 days of foreign service.

4.  He reenlisted on 2 November 1978 and he remained on active duty through continuous reenlistments until he retired on 28 February 1994 by reason of voluntary early retirement.

5.  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].   Item 12d (Total Prior Active Service) of this DD Form 214 shows he served 2 years, 7 months, and 7 days of prior active service.  Item 12f (Foreign Service) shows he served 
4 years, 8 months, and 29 days of foreign service. 

6.  Item 5 (Oversea Service) of his DA Form 2-1 shows he served in:

* Germany from 18 August 1976 to 16 March 1979
* Germany from 27 October 1982 to 23 June 1985
* Korea from 13 January 1988 to 17 December 1988
* Germany from 1 April 1993 to 21 November 1994

7.  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 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 (emphasis added)
* item 12d (Total Prior Active Duty), from previously issued DD Forms 214, enter the total amount of prior active military service less time lost, if any
* item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period) from the Soldier's records

DISCUSSION AND CONCLUSIONS:

1.  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.  He served 2 years, 2 months, and 14 days of foreign service during his initial enlistment, which is properly reflected in item 18f of this DD Form 214.  A copy of this DD Form 214 will be provided to the applicant.

2.  He reenlisted on 2 November 1978 and he retired on 28 February 1994.  His period of prior active service is properly reflected in item 12d of his DD Form 214 for the period ending 28 February 1994.  His foreign service completed during this period is properly reflected in item 12f.  Therefore, there is no basis for granting the applicant's request to amend items 12a, 12c, or 12f of his DD Form 214 for the period ending 28 February 1994.

3.  In view of the foregoing, there is no basis for granting the applicant's 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 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)                                         AR20100021036



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ABCMR Record of Proceedings (cont)                                         AR20100021036



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